Free legal counsel for Denver renters a tiny tax cost

When it comes to housing in the City of Denver, fortune favors the rich. If you are facing financial hardships, the affordable-housing crisis is likely to have a major impact on you or your family.
This is particularly true for families who rent in the Mile High City.
This November, you can advocate for yourself and others by voting YES on Initiated Ordinance 305 known as No Eviction Without Representation. This Denver ballot measure would give all renters free legal support to navigate the eviction process. It’s a simple and effective way to give renters a fighting chance at staying housed, and a way to help reduce houselessness in the city.
However, a massive war chest is being amassed against this initiative, primarily funded by the apartment association, which is now under the leadership of an attorney who came from the state’s largest landlord and eviction firm.
As a small-time landlord myself who has worked in affordable housing for 11 years, I understand the world of evictions, renting and interventions – and I wholeheartedly support Initiated Ordinance 305. The Apartment Association of Metro Denver does not speak for me or my beliefs.
On average, property owners have attorneys in 90% of cases whereas tenants only have representation about 1% of the time. Furthermore, I am not what you would consider an “average” landlord; I am not a consortium of investors with no connection to the Denver area. So, as things stand, most tenants often face mega corporations that have vast resources while they enter court without any help or support to go against them.
In my time working in affordable housing, I have seen models of what I would call the ideal landlord-tenant relationship. The U.S. Department of Housing and Urban Development (HUD) operates with the premise that we are serving populations who are more vulnerable or may not be as competitive in the general housing market but still deserve an opportunity for independent living with dignity. We are expected to choose that tenant-friendly route.
When I do have to serve an eviction notice on a resident, it is clear to me the current system is flawed and unfair. Colorado has its own eviction forms and I use them to be fully compliant with our laws. However, I also use a federal form that HUD requires in every part of the country because it includes easily understandable language. The Colorado form is not the worst out there, but it is not written in a way that is easy for tenants to understand. Compared to the federal form, Colorado’s is confusing and scary to people who are already rapidly hurtling deeper into a major crisis.
It is no wonder people need support advocating for themselves in the eviction process with their rights so clearly obfuscated.
As a landlord, I prefer when my tenants have an attorney to represent them. The outcome is not only very different for everyone involved, but the whole process is less stressful. I have been through this many times, and I always prefer to find a resolution that all parties feel good about. When mutually beneficial resolutions are found, I avoid vacancies and repair costs.
All of these are great outcomes for me as well. So, why does the Apartment Association of Metro Denver cry that tenants with legal counsel will be the downfall of landlords like me? Their interests lie not with the individual property owners or “mom and pop” operations, but with the mega corporations whose senior staff have never even set foot in their buildings.
Evictions are often emblematic of other issues, and due process should not be gate-kept in any way for those people in crisis. Supporting residents by offering free legal support makes the process a bit more humane; it is not the boogeyman scenarios that pundits point to.
Opponents of 305 decry the yearly tax of $75, which equates to $6.25 per month, which would be assessed to the property owner. Will this ruin me and my business? Certainly not. When property owners often charge $200 for application fees when background checks are $30, it raises questions that the cost of doing business is often not equivalent to the cost charged to tenants. That is why, as an affordable-housing landlord, I support Initiated Ordinance 305. It will make eviction outcomes calmer and more equitable for ALL parties and help families who need it most avoid needless evictions and potential houselessness.
Kevin McCloskey is a landlord in the Denver area who has worked in affordable housing for 11 years.

