Executive Order D 2020 012: Order Limiting Evictions, Foreclosures, and Public Utility Disconnections and Expediting Unemployment Insurance Claim Processing to Provide Relief to Coloradans Affected by COVID-19

Summary

Colorado Governor Jared Polis issued Executive Order D 2020 012 on March 20, 2020 to limit evictions, foreclosures and public utility disconnections and to speed unemployment insurance claims during COVID-19. It directs state agencies to work with landlords and law enforcement to avoid or suspend residential evictions until April 30, 2020, and sets aside $3,000,000 from the Disaster Emergency Fund for short-term rental and mortgage assistance to low-income households. The Public Utilities Commission is to work with utilities to suspend disconnections for missed payments. A further $1,000,000 goes to the Department of Labor and Employment, which is to pay UI benefits within ten (10) days of a completed application where practicable, with the unpaid waiting week and work-search requirements suspended. The order expires thirty (30) days from March 20, 2020 unless extended.

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D 2020 012
EXECUTIVE ORDER

Order Limiting Evictions, Foreclosures, and Public Utility Disconnections
and Expediting Unemployment Insurance Claim Processing to Provide Relief to
Coloradans Affected by COVID-19

Pursuant to the authority vested in the Office of the Governor of the State of Colorado
and, in particular, pursuant to Article IV, Section 2, of the Colorado Constitution and the relevant
portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (Act), I, Jared
Polis, Governor of the State of Colorado, hereby issue this Executive Order limiting evictions,
foreclosures, and public utility disconnections and improving and expediting unemployment
insurance claim processing to mitigate, respond to, and recover from the current economic
disruption due to the presence of coronavirus disease 2019 (COVID-19) in Colorado.

I. Background and Purpose

On March 5, 2020, the Colorado Department of Public Health and Environment’s
(CDPHE) public health laboratory confirmed the first presumptive positive COVID-19 test result
in Colorado. Since then, the number of confirmed cases has continued to climb, and we have
evidence of community spread throughout the State. I verbally declared a disaster emergency on
March 10, 2020, and issued the corresponding Executive Order D 2020 003 on March 11, 2020.

My administration, along with other State, local, and federal authorities, has taken a wide
array of actions to mitigate the effects of the pandemic, prevent further spread, and protect
against overwhelming our health care resources.

The economic impacts of COVID-19 are significant, and threaten to undermine the
economic stability of many Coloradans and local businesses. The risk of contamination posed by
COVID-19 has necessitated closure of multiple businesses. Employers and employees in
virtually all sectors of the economy have been hard hit. We must take action to shore up
economic security, employment, community cohesion, and community recovery.

By this Executive Order, I am temporarily limiting evictions, foreclosures, and public
utility disconnections and providing support to unemployed Coloradans affected by the COVID-
19 pandemic. I am further mobilizing State resources to improve and expedite efforts to mitigate,
respond to, and recover from the current economic disruption caused by the COVID-19
pandemic. This Executive Order will help protect the economic well-being of Colorado’s
communities and businesses during the coming weeks and months.

136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor
Executive Order D 2020 012
March 20, 2020
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II. Foreclosure and Eviction Directives

A. I direct the Executive Directors of the Department of Local Affairs (DOLA),
Department of Labor and Employment (CDLE), and Department of Regulatory
Agencies (DORA) to work with property owners and landlords to identify any
lawful measure to avoid removing or executing eviction procedures against
tenants or mobile home owners without cause or as a result of late or non-
payment of rent or minor tenancy violations until April 30, 2020. The Executive
Directors also shall work with property owners and landlords to exempt tenants
and mobile home owners from fees or penalties for the late payment or
nonpayment of rent until April 30, 2020.

B. To preserve and prioritize the resources of State and local agencies and make law
enforcement officers available to perform critical functions in response to the
COVID-19 pandemic, I direct the Executive Director of the Department of Public
Safety (DPS) to work with all Sheriffs, Mayors, and other local leaders to take
similar formal actions with their law enforcement agencies to suspend residential
eviction activity in the State until April 30, 2020 unless such actions are necessary
to protect public health and safety.

C. I order that three million dollars ($3,000,000) from the Disaster Emergency Fund
be encumbered and made available to DOLA to provide short-term rental and
mortgage assistance to low-income households facing financial hardship due to
economic disruption associated with COVID-19, and prioritizing assistance to
those who had continuous prior work history and lost employment related to
CDPHE’s current or future COVID-19 Public Health Orders. These funds shall
remain available for six (6) months from the date of this Executive Order and any
unexpended funds shall remain in the Disaster Emergency Fund. Funds
reimbursed by the Federal Government will be returned to the Disaster
Emergency Fund. I further direct DOLA to work with Statewide partners,
including non-profit and local government partners, to implement the distribution
of temporary rental and mortgage assistance. In carrying out this directive, DOLA
shall ensure that individuals do not receive a duplication of benefits.

D. I direct DOLA to work with owners of multifamily housing and mobile home
parks who provide rental properties or lots to low-income households to assess the
need of residents who are faced with financial hardships due to the COVID-19
pandemic, and direct DOLA to assess possible methods to fund loss of rent,
including but not limited to federal, private, and philanthropic funding sources

136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor
Executive Order D 2020 012
March 20, 2020
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that are or may become available to Coloradans to help maintain housing and
shelter needs. In carrying out this directive, DOLA shall ensure that individuals
do not receive a duplication of benefits.

E. I direct DOLA and CDLE to share data and develop guidelines and processes for
distributing temporary rental and mortgage assistance.

F. I direct DORA, through the Divisions of Banking and Financial Services, to work
with State-chartered financial institutions to identify practices and policies to
combat the threat of residential and commercial foreclosures and displacement to
individuals and small businesses. I also direct DORA to take steps to encourage
banks, credit unions, and other financial institutions that are holding residential or
commercial mortgages to halt foreclosures and related evictions when foreclosure
and foreclosure-related evictions arise from a substantial decrease in household
and business income due to the impacts of the COVID-19 pandemic. Further, I
direct DORA to encourage these financial institutions to provide a ninety (90) day
deferment of payment for all consumer loans, including residential and
commercial mortgages, refinances, auto loans, and student loans, and small
business loans for customers and businesses that have been economically
impacted by COVID-19.

G. I direct that all County Clerks and Recorders shall provide continued access, to
the best extent possible, to financial institutions seeking to secure real interests in
real property by recording deeds and other related documents to ensure that the
process of a residential or commercial refinance can be completed.

H. I authorize the Public Trustees of the State of Colorado to take action to suspend
for thirty (30) days the operation of the following provisions of Article 38 of Title
38 of the Colorado Revised Statutes concerning the foreclosure process: § 38-38-
102 (concerning the deadline for recordation of a Notice of Election and Demand for
sale); § 38-38-103 (concerning the deadline for mailing a Combined Notice); § 38-
38-104 (concerning the deadline for a party to file a Notice of Intent to Cure and the
time within which a Trustee must mail the notice to the note holder or its attorney,
and the deadline for tendering funds to cure); § 38-38-302 (concerning the deadline to
tender redemption funds); and § 38-38-501 (concerning the deadline to execute and
record a confirmation deed). Any action by a Public Trustee concerning these
extensions shall be made available on the Trustee’s website, electronic mail (if
possible) and automated messages

I. I authorize the County Treasurers of the State of Colorado to take action to
suspend or waive delinquent interest that may accrue pursuant to the provisions of
§ 39-10-104.5 as a result of delinquent tax payments. Any action by a Treasurer

136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor
Executive Order D 2020 012
March 20, 2020
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concerning such action shall be made available on the Treasurer’s website,
electronic mail (if possible) and automated messages.

J. For purposes of this Executive Order, “low-income households” means
households below 50% of area median income.

K. Nothing in this Executive Order relieves a tenant of the obligation to pay rent, nor
restrict a landlord’s ability to recover rent due, or otherwise comply with the
public health and safety requirements or other legal requirements.

III. Utility Directives

A. I direct the Public Utilities Commission (PUC), within DORA, to work with all
public utilities in the State to suspend service disconnections for delayed or
missed payments from residential and small business consumers related to the
impacts of COVID-19.

B. I further direct the PUC to work with all public utilities to waive reconnection
fees and suspend accrual of late payment fees for all residential customers and
small business consumers most significantly burdened by the impacts of COVID-
19 as well as to make reasonable efforts to reinstate service for those customers
currently disconnected for nonpayment or arrearage related to the impacts of
COVID-19.

C. I further direct the PUC to work with all public utilities to develop and provide
payment assistance programs to aid customers, particularly customers qualified
for the Low Income Energy Assistance Program, in the payment of their utility
bills, related to the impacts of COVID-19.

D. I further direct the PUC to work with public utilities to provide guidance on
prioritizing payment assistance. Further, the PUC shall collect and monitor
relevant data from public utilities on the implementation of Statewide measures
undertaken in response to this Executive Order and on a weekly basis report these
efforts to the Office of the Governor and post them on PUC’s website.

E. I direct the Colorado Energy Office to work with providers, trade associations,
and consumers of propane heating across the State to evaluate impacts related to
COVID-19, and to report relevant recommendations to the Office of the Governor
to mitigate the impacts related to COVID-19.

F. For purposes of this Executive Order, “small business consumers” means a public
utility customer whose utility service is classified as a small business user or a

136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor
Executive Order D 2020 012
March 20, 2020
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small commercial user pursuant to a utility tariff established by the PUC or a
public utility customer who is seeking such tariff status.

G. For purposes of this Executive Order, “public utility” or “public utilities” means
an investor-owned, municipal, or cooperative entity providing electric, gas, or
water service within the State of Colorado.

IV. Unemployment Insurance Directives

A. I order that one million dollars ($1,000,000) from the Disaster Emergency Fund
be encumbered and made available to CDLE to improve and expedite services
available to individuals applying for unemployment insurance (UI) benefits to
promote the economic stability of the State. These funds shall remain available
for this purpose until six (6) months from the date of this Executive Order and any
unexpended funds shall remain in the Disaster Emergency Fund. Funds
reimbursed by the federal government will be returned to the Disaster Emergency
Fund.

B. CDLE shall expedite UI benefits claim processing and distribution of payments to
ensure displaced workers as a result of the impacts of COVID-19 will begin
receiving such payments within ten (10) days of the receipt of filing their
completed applications to the extent practicable.

C. To accomplish directives IV.A. and IV.B., I suspend the requirement under:

i. C.R.S. § 8-73-107(1)(d) that UI benefit recipients serve an unpaid waiting
week prior to receiving benefits, and C.R.S. § 8-73-107(1)(g)(I) that UI
benefit recipients actively seek work.

ii. C.R.S. § 8-73-108(e) that UI benefits are charged to employer experience
rating accounts, and I direct CDLE, through the Division of
Unemployment Insurance, to charge benefits for claims resulting from the
impact of COVID-19 to the fund rather than to employer experience rating
accounts.

iii. C.R.S. § 8-74-102(1) that CDLE staff notify other interested parties upon
receipt of a UI benefit claim and that such parties be afforded twelve (12)
calendar days to respond to said claim before CDLE issues a decision to
award benefits, and I direct CDLE, through the Division of
Unemployment Insurance, to prioritize the UI benefit payments resulting
from the impacts of COVID-19 before providing notification of interested
parties and additional fact finding as necessary to ensure prompt payment
of benefits.

136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor
Executive Order D 2020 012
March 20, 2020
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iv. Pursuant to the authorities provided in C.R.S. § 8-74-102(1), the Executive
Director of CDLE shall promulgate and issue emergency rules as needed
to accomplish directives IV.A - IV.C. of this Executive Order.

V. Duration

This Executive Order shall expire thirty (30) days from March 20, 2020, unless extended
further by Executive Order, except that the funds described in Sections II.C. and IV.A., above,
shall remain available for the described purposes for six (6) months from the date of this
Executive Order.

GIVEN under my hand and the
Executive Seal of the State of
Colorado, this twentieth
Day of March, 2020.

Jared Polis
Governor

136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor

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