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The Boulder County Eviction Moratorium

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The Boulder County Eviction Moratorium

The corona shutdown is creating serious economic hardship for Boulder County landlords and tenants. Many tenants are unemployed and unable to pay rent just as landlords are struggling to service their mortgages on their investment properties.

The issue hits home in Niwot as most of the small commercial district and a significant percentage of the Countryside and Cottonwood Park condos are rental units.

Boulder County addressed the issue by endorsing Colorado State Executive Order D 2020 012 that established an eviction moratorium through May 31, 2020.

In terms of the moratorium “housing providers will not be able to evict tenants – for any reason, including non-payment of rent – until after May 31. Housing providers cannot remove tenants or their belongings, or change the locks on their rental property, or shut off the utilities, without first going through the eviction process.”

The order applies to both residential and business leases.

The executive order effectively freezes evictions by closing down the courts until June 1, 2020.

State and local government has requested that landlords and tenants communicate early and openly with each other to avoid eviction. Tenants may qualify for unemployment and housing assistance relief and landlords may qualify for mortgage forbearance.

On the federal level, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law on March 27, 2020 and prohibits landlords of a covered property from filing new eviction actions for non-payment of rent and charging late fees or other penalties until June 27th.

The moratorium extends to the filing of new eviction actions (so old actions can continue), for the non-payment of rent (landlords can evict for other reasons) and only applies to “covered properties”. It gets a bit technical, but a covered property is generally any property covered by a housing program or financed through a federally insured lender like Fannie Mae.

The federal moratorium is not a blanket umbrella moratorium, but the majority of rental properties will be subject to a prohibition on eviction.

In summary, there’s a firm eviction moratorium on all rentals in Boulder County through May 31 and a widespread qualified moratorium through June 27, 2020.

Resources for Tenants

Tenants may be eligible for unemployment benefits or may be able to get financial help depending on qualifications.

Financial resources available include:

  • Emergency Family Assistance Association, 303-442-3042 for short-term financial assistance, rent assistance, and other resources to help offset expenses.
  • Older Adult Client services: 303-441-4388, older adults age 60+, residents of Boulder may be eligible for financial services.
  • OUR Center, 303-772-5529, a gateway family resource center for residents of Longmont (a family can be a “family of one”), short-term financial and rent assistance, food bank, meals

Resources for Landlords

The Boulder County Housing Counseling program provides free counseling by trained homeownership counselors. Included is counseling related to foreclosure, loan modification and lender communications (https://www.bouldercounty.org/government/contact-us/details/housing- counseling/).

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Ross Hair

Ross Hair is a real estate agent and the Broker / Owner of Boco Realty LLC.