Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0569.01 Jessica Herrera x4218 HOUSE BILL 22-1102 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING PROTECTED CLASSES IN FAIR HOUSING PRACTICES , AND,101 IN CONNECTION THEREWITH , INCLUDING A VETERAN OR102 MILITARY STATUS AS A PROTECTED CLASS .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill forbids anyone selling or renting a dwelling from discriminating against an individual based on their veteran or military status. The bill forbids anyone from refusing to negotiate for housing with an individual on the basis of their veteran or military status or otherwise denying or withholding housing on the basis of an individual's veteran or HOUSE SPONSORSHIP Ortiz and Sullivan, SENATE SPONSORSHIP Gardner, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. military status. For purposes of the bill, an individual who was dishonorably discharged from military service does not have veteran or military status. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-34-501, amend2 (3); and add (7) as follows:3 24-34-501. Definitions. As used in this part 5, unless the context4 otherwise requires:5 (3) "Person" has the meaning ascribed to such term in section6 24-34-301 (5) and includes any owner, lessee, proprietor, manager,7 employee, or any agent of a person; but, for purposes of this part 5,8 "person" does not include any private club not open to the public that, as9 an incident to its primary purpose or purposes, provides lodgings that it10 owns or operates for other than a commercial purpose, unless the club has11 the purpose of promoting discrimination in the matter of housing against12 any person because of disability, race, creed, color, religion, sex, sexual13 orientation, gender identity, gender expression, marital status, familial14 status, VETERAN OR MILITARY STATUS, national origin, or ancestry.15 (7) "V ETERAN OR MILITARY STATUS " MEANS A MEMBER OR16 VETERAN OF THE UNITED STATES ARMED FORCES, UNITED STATES17 A RMED FORCES RESERVE, OR UNITED STATES NATIONAL GUARD.18 "V ETERAN OR MILITARY STATUS" DOES NOT INCLUDE AN INDIVIDUAL WHO19 WAS DISHONORABLY DISCHARGED FROM MILITARY SERVICE .20 SECTION 2. In Colorado Revised Statutes, 24-34-502, amend21 (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6) as follows:22 24-34-502. Unfair housing practices prohibited - definitions.23 (1) It is an unfair housing practice, unlawful, and prohibited:24 HB22-1102-2- (a) For any person to refuse to show, sell, transfer, rent, or lease1 any housing; refuse to receive and transmit any bona fide offer to buy,2 sell, rent, or lease any housing; or otherwise make unavailable or deny or3 withhold from an individual any housing because of disability, race,4 creed, color, sex, sexual orientation, gender identity, gender expression,5 marital status, familial status, VETERAN OR MILITARY STATUS , religion,6 national origin, or ancestry; to discriminate against an individual because7 of disability, race, creed, color, sex, sexual orientation, gender identity,8 gender expression, marital status, familial status, VETERAN OR MILITARY9 STATUS, religion, national origin, or ancestry in the terms, conditions, or10 privileges pertaining to any housing or the transfer, sale, rental, or lease11 of housing or in furnishing facilities or services in connection with12 housing; or to cause to be made any written or oral inquiry or record13 concerning the disability, race, creed, color, sex, sexual orientation,14 gender identity, gender expression, marital status, familial status,15 VETERAN OR MILITARY STATUS, religion, national origin, or ancestry of an16 individual seeking to purchase, rent, or lease any housing; however,17 nothing in this subsection (1)(a) requires a dwelling to be made available18 to an individual whose tenancy would constitute a direct threat to the19 health or safety of other individuals or whose tenancy would result in20 substantial physical damage to the property of others;21 (b) For any person to whom application is made for financial22 assistance for the acquisition, construction, rehabilitation, repair, or23 maintenance of any housing to make or cause to be made any written or24 oral inquiry concerning the disability, race, creed, color, sex, sexual25 orientation, gender identity, gender expression, marital status, familial26 status, VETERAN OR MILITARY STATUS , religion, national origin, or27 HB22-1102 -3- ancestry of an individual seeking financial assistance or concerning the1 disability, race, creed, color, sex, sexual orientation, gender identity,2 gender expression, marital status, familial status, VETERAN OR MILITARY3 STATUS, religion, national origin, or ancestry of prospective occupants or4 tenants of the housing, or to discriminate against any individual because5 of the disability, race, creed, color, sex, sexual orientation, gender6 identity, gender expression, marital status, familial status, VETERAN OR7 MILITARY STATUS, religion, national origin, or ancestry of the individual8 or prospective occupants or tenants in the terms, conditions, or privileges9 relating to obtaining or using any such financial assistance;10 (d) For any person to make, print, or publish or cause to be made,11 printed, or published any notice or advertisement relating to the sale,12 transfer, rental, or lease of any housing that indicates any preference,13 limitation, specification, or discrimination based on disability, race, creed,14 color, religion, sex, sexual orientation, gender identity, gender expression,15 marital status, familial status, VETERAN OR MILITARY STATUS , national16 origin, or ancestry;17 (g) For any person whose business includes residential real18 estate-related transactions, which transactions involve making or19 purchasing loans secured by residential real estate or providing other20 financial assistance for purchasing, constructing, improving, repairing, or21 maintaining a dwelling or selling, brokering, or appraising residential real22 property, to discriminate against an individual in making available such23 a transaction or in fixing the terms or conditions of such a transaction24 because of race, creed, color, religion, sex, sexual orientation, gender25 identity, gender expression, marital status, disability, familial status,26 VETERAN OR MILITARY STATUS, national origin, or ancestry;27 HB22-1102 -4- (h) For any person to deny an individual access to or membership1 or participation in any multiple-listing service, real estate brokers'2 organization, or other service, organization, or facility related to the3 business of selling or renting dwellings or to discriminate against the4 individual in the terms or conditions of such access, membership, or5 participation on account of race, creed, color, religion, sex, sexual6 orientation, gender identity, gender expression, disability, marital status,7 familial status, VETERAN OR MILITARY STATUS, national origin or ancestry,8 or source of income;9 (i) For any person, for profit, to induce or attempt to induce any10 person to sell or rent any dwelling by representations regarding the entry11 or prospective entry into the neighborhood of any individual of a12 particular race, color, religion, sex, sexual orientation, gender identity,13 gender expression, disability, familial status, VETERAN OR MILITARY14 STATUS, creed, national origin, or ancestry;15 (j) For any person to represent to any other person that a dwelling16 is not available for inspection, sale, or rental, when the dwelling is in fact17 available, for the purpose of discriminating against any individual on the18 basis of race, color, religion, sex, sexual orientation, gender identity,19 gender expression, disability, familial status, VETERAN OR MILITARY20 STATUS, creed, national origin, or ancestry;21 (6) Nothing in this part 5 prohibits a person engaged in the22 business of furnishing appraisals of real property from taking into23 consideration factors other than race, creed, color, religion, sex, sexual24 orientation, gender identity, gender expression, marital status, familial25 status, VETERAN OR MILITARY STATUS, disability, religion, national origin,26 or ancestry.27 HB22-1102 -5- SECTION 3. Act subject to petition - effective date. This act1 takes effect at 12:01 a.m. on the day following the expiration of the2 ninety-day period after final adjournment of the general assembly; except3 that, if a referendum petition is filed pursuant to section 1 (3) of article V4 of the state constitution against this act or an item, section, or part of this5 act within such period, then the act, item, section, or part will not take6 effect unless approved by the people at the general election to be held in7 November 2022 and, in such case, will take effect on the date of the8 official declaration of the vote thereon by the governor.9 HB22-1102 -6-