Cal. Civ. Code § 38-12-1409

Supremacy clause.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoLease Requirements

Operative Text

Cal. Civ. Code § 38-12-1409
Any
provision of this part 14 is unenforceable to the extent that it conflicts with
a federal law or federal regulation.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 38-12-1409 establishes a supremacy principle for Colorado's residential tenancy Part 14 provisions: wherever a state rule in that part directly conflicts with a binding federal law or federal regulation, the state rule yields and cannot be enforced to the extent of that conflict. The provision does not invalidate Part 14 as a whole—only the specific conflicting portion is rendered unenforceable. Federal law effectively sets a ceiling (or floor) that state rules in this part cannot breach.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to Colorado's Part 14 rental regulations should be aware that Colo. Rev. Stat. § 38-12-1409 means any Part 14 obligation that squarely conflicts with an applicable federal statute or regulation is displaced by that federal requirement. Compliant operators generally track both state and federal requirements—such as HUD rules, fair housing mandates, or federally backed financing conditions—and apply whichever framework governs when a genuine conflict exists. Keeping records of which federal programs or regulations apply to a given property can help clarify which set of rules controls in overlapping areas.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-1409 means that if a Part 14 state provision conflicts with a federal law or regulation, tenants cannot rely on that state provision to the extent of the conflict—but federal protections may still apply independently. Tenants who believe a federal rule (such as a fair housing regulation or a HUD program requirement) interacts with a state Part 14 right can explore that question with a tenant-rights organization or legal aid office familiar with both state and federal housing law. Understanding which layer of law governs a particular situation often requires examining whether a true conflict exists or whether both sets of rules can operate side by side.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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