(III) The tenant's request for an immediate temporary restraining order may
be granted, dissolved, or modified in accordance with the requirements of any
applicable Colorado rules of civil procedure; except that the tenant is not required
to post security or provide proof of irreparable injury, loss, or damage.
(IV) A court of competent jurisdiction shall consider and rule on any motion
for an immediate temporary restraining order pursuant to this subsection (1)(f) at
the earliest possible time, and the motion takes precedence over all matters except
older motions for immediate temporary restraining orders.
(2) (a) If there is a breach of the warranty of habitability as described in
section 38-12-503, a tenant may raise the breach as an affirmative defense to a
landlord's action for possession or an action for collection of rent.
(b) A tenant may raise a breach of the warranty of habitability as an
affirmative defense in the tenant's answer or pretrial court filing. A court shall
liberally construe a tenant's answer or other filing to determine whether the tenant
is raising an affirmative defense.
(c) To prove an affirmative defense as described in this subsection (2), a
tenant is not required to:
(I) Deposit a bond to assert or perfect a breach of the warranty of habitability
as an affirmative defense;
(II) Have accrued any expense related to the breach of the warranty of
habitability; or
(III) Have exercised any other remedy in this section in response to the
landlord's breach of the warranty of habitability, including the deducting of rental
payments as described in subsection (1)(c) of this section.