COMMENTARY Housing Code, §10-2-1, et seq., BRC 1981 — unless this responsibility is defined as belonging to the tenant in the lease. The landlord is also required to make repairs if the rental is in a condition that endangers the tenant’s life, health or safety (CRS §§38-12-501 through 511), or if it’s uninhabitable or unfit for reasonable use (CRS §§38-12-501 through 511). When it comes to reading up on your maintenance responsibilities, the Landlord-Tenant Handbook is a great resource. The handbook summarizes existing State of Colorado and City of Boulder residential landlord-tenant law and describes best practices for matters relating to residential rental properties.
DISABILITY DISCRIMINATION
As outlined in the Landlord-Tenant Handbook, “a landlord may not discriminate against a tenant on the basis of race, creed, color, sex, sexual orientation, gender identity, gender expression, genetic characteristics, marital status, religion, religious
expression, national origin, ancestry, pregnancy, parenthood, custody of a minor child, mental or physical disability, source of income, family status or immigration status, unless otherwise required by law, of the individual or such individual’s friends or associates (BRC §12-1-2).” When it comes to disability discrimination, under federal and Colorado law, landlords are required to make reasonable modifications to the rental as long as the modification is necessary to give the person with a disability “full enjoyment of the premises.” In some cases, a landlord may decide to grant permission for a modification to be made to the property as long as the tenant agrees to restore the interior to its prior condition. For instance, if a tenant uses a wheelchair, access ramps will need to be installed at entrances to the property as well as inside if there are any steps leading into rooms. Not allowing a tenant who uses a wheelchair to install an access ramp is considered discriminatory under state and federal law.
DISPUTE RESOLUTION
If a dispute arises, landlords and tenants should aim to resolve the situation together without the need for third-party assistance. If this isn’t possible and outside help is required, Boulder landlords can get in touch with the City of Boulder Community Mediation and Resolution Center (CMRC). The City of Longmont also offers mediation support for residents. Mediations take place either online or in-person depending on the needs and convenience of both parties. This service is currently free of charge.
SMART STRATEGIES FOR PREVENTING CONSTRUCTIVE EVICTION CLAIMS
A constructive eviction claim may be made by a tenant if the leased property becomes unlivable. This may occur if the landlord doesn’t resolve a reported problem — such as a maintenance issue or a pest problem — in a timely manner. Or, the rental could be made uninhabitable if the landlord takes an action that interferes with the tenant’s quality of life (such as taking
away an amenity previously accessible or making threats). Tenants have the right to live peacefully in their rental, which means property owners are unable to interfere with a tenant’s reasonable use of a property. Otherwise, the tenant is within their rights to break their lease and seek damages if necessary. To prevent a constructive eviction claim, property owners should take care to respond promptly to the tenant’s request and keep the tenant updated regarding efforts to fix the situation. If the problem will take some time to solve, be accommodating of the tenant’s needs (for example, offer reduced rent in the meantime). Contractors should be monitored. If they’re not working fast enough, hire someone else. If the issue simply can’t be resolved within a reasonable time period, allow the tenant to exit the lease. Jackie Edwards is a semi-retired property manager. This opinion does not necessarily reflect the view of Boulder Weekly.
OPINION
STREET WISE As City weighs Iris Avenue redesign, here’s how they can keep cyclists safe BY RICHARD KIEFER
T
he City of Boulder is now planning a major upgrade to Iris Avenue between 28th Street and Broadway, with the design to be completed by mid 2024. Safety improvements for pedestrians and bikes are to be included in the redevelopment. The current roadway and bike lanes on Iris are already suitable for safe and effective bicycle travel, even though the bike lane would be more comfortable if it was two feet wider. The safety of Iris is supported by the City of Boulder Crash BOULDER WEEKLY
Data, which shows the absence of any car-overtaking-bike accidents in this corridor since 2017. I am optimistic that an improved Iris will maintain its status as the best east/ west route for bicycles in the northern Boulder vicinity. Here are my hopes for the project: Don’t ruin the corridor for bikes. It’s crucial not to replicate the problems introduced for bikes with the North Broadway Reconstruction project, as outlined in my review for Boulder Beat.
Credit: Richard Kiefer
NOVEMBER 30, 2023
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