Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction 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 3rd Reading Unamended February 9, 2022 HOUSE Amended 2nd Reading February 8, 2022 HOUSE SPONSORSHIP Ortiz and Sullivan, Bacon, Benavidez, Bird, Boesenecker, Cutter, Duran, Esgar, Exum, Froelich, Garnett, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Ricks, Roberts, Snyder, Titone, Valdez A., Valdez D., Weissman, Woodrow, Young 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 (4); 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 (4) "Restrictive covenant" means any specification limiting the16 transfer, rental, or lease of any housing because of disability, race, creed,17 color, religion, sex, sexual orientation, gender identity, gender expression,18 marital status, familial status, national origin, or ancestry, OR VETERAN OR19 MILITARY STATUS, or limiting the rental or lease of any housing because20 of source of income.21 (7) "V ETERAN OR MILITARY STATUS " MEANS A MEMBER OR22 VETERAN OF THE UNITED STATES ARMED FORCES, UNITED STATES23 A RMED FORCES RESERVE, OR UNITED STATES NATIONAL GUARD.24 1102-2- "VETERAN OR MILITARY STATUS" DOES NOT INCLUDE AN INDIVIDUAL WHO1 WAS DISHONORABLY DISCHARGED FROM MILITARY SERVICE .2 SECTION 2. In Colorado Revised Statutes, 24-34-502, amend3 (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6); and add (10) as4 follows:5 24-34-502. Unfair housing practices prohibited - definitions.6 (1) It is an unfair housing practice, unlawful, and prohibited:7 (a) For any person to refuse to show, sell, transfer, rent, or lease8 any housing; refuse to receive and transmit any bona fide offer to buy,9 sell, rent, or lease any housing; or otherwise make unavailable or deny or10 withhold from an individual any housing because of disability, race,11 creed, color, sex, sexual orientation, gender identity, gender expression,12 marital status, familial status, VETERAN OR MILITARY STATUS , religion,13 national origin, or ancestry; to discriminate against an individual because14 of disability, race, creed, color, sex, sexual orientation, gender identity,15 gender expression, marital status, familial status, VETERAN OR MILITARY16 STATUS, religion, national origin, or ancestry in the terms, conditions, or17 privileges pertaining to any housing or the transfer, sale, rental, or lease18 of housing or in furnishing facilities or services in connection with19 housing; or to cause to be made any written or oral inquiry or record20 concerning the disability, race, creed, color, sex, sexual orientation,21 gender identity, gender expression, marital status, familial status,22 VETERAN OR MILITARY STATUS, religion, national origin, or ancestry of an23 individual seeking to purchase, rent, or lease any housing; however,24 nothing in this subsection (1)(a) requires a dwelling to be made available25 to an individual whose tenancy would constitute a direct threat to the26 health or safety of other individuals or whose tenancy would result in27 1102 -3- substantial physical damage to the property of others;1 (b) For any person to whom application is made for financial2 assistance for the acquisition, construction, rehabilitation, repair, or3 maintenance of any housing to make or cause to be made any written or4 oral inquiry concerning the disability, race, creed, color, sex, sexual5 orientation, gender identity, gender expression, marital status, familial6 status, VETERAN OR MILITARY STATUS , religion, national origin, or7 ancestry of an individual seeking financial assistance or concerning the8 disability, race, creed, color, sex, sexual orientation, gender identity,9 gender expression, marital status, familial status, VETERAN OR MILITARY10 STATUS, religion, national origin, or ancestry of prospective occupants or11 tenants of the housing, or to discriminate against any individual because12 of the disability, race, creed, color, sex, sexual orientation, gender13 identity, gender expression, marital status, familial status, VETERAN OR14 MILITARY STATUS, religion, national origin, or ancestry of the individual15 or prospective occupants or tenants in the terms, conditions, or privileges16 relating to obtaining or using any such financial assistance;17 (d) For any person to make, print, or publish or cause to be made,18 printed, or published any notice or advertisement relating to the sale,19 transfer, rental, or lease of any housing that indicates any preference,20 limitation, specification, or discrimination based on disability, race, creed,21 color, religion, sex, sexual orientation, gender identity, gender expression,22 marital status, familial status, VETERAN OR MILITARY STATUS , national23 origin, or ancestry;24 (g) For any person whose business includes residential real25 estate-related transactions, which transactions involve making or26 purchasing loans secured by residential real estate or providing other27 1102 -4- financial assistance for purchasing, constructing, improving, repairing, or1 maintaining a dwelling or selling, brokering, or appraising residential real2 property, to discriminate against an individual in making available such3 a transaction or in fixing the terms or conditions of such a transaction4 because of race, creed, color, religion, sex, sexual orientation, gender5 identity, gender expression, marital status, disability, familial status,6 VETERAN OR MILITARY STATUS, national origin, or ancestry;7 (h) For any person to deny an individual access to or membership8 or participation in any multiple-listing service, real estate brokers'9 organization, or other service, organization, or facility related to the10 business of selling or renting dwellings or to discriminate against the11 individual in the terms or conditions of such access, membership, or12 participation on account of race, creed, color, religion, sex, sexual13 orientation, gender identity, gender expression, disability, marital status,14 familial status, VETERAN OR MILITARY STATUS, national origin or ancestry,15 or source of income;16 (i) For any person, for profit, to induce or attempt to induce any17 person to sell or rent any dwelling by representations regarding the entry18 or prospective entry into the neighborhood of any individual of a19 particular race, color, religion, sex, sexual orientation, gender identity,20 gender expression, disability, familial status, VETERAN OR MILITARY21 STATUS, creed, national origin, or ancestry;22 (j) For any person to represent to any other person that a dwelling23 is not available for inspection, sale, or rental, when the dwelling is in fact24 available, for the purpose of discriminating against any individual on the25 basis of race, color, religion, sex, sexual orientation, gender identity,26 gender expression, disability, familial status, VETERAN OR MILITARY27 1102 -5- STATUS, creed, national origin, or ancestry;1 (6) Nothing in this part 5 prohibits a person engaged in the2 business of furnishing appraisals of real property from taking into3 consideration factors other than race, creed, color, religion, sex, sexual4 orientation, gender identity, gender expression, marital status, familial5 status, VETERAN OR MILITARY STATUS, disability, religion, national origin,6 or ancestry.7 (10) NOTHING IN THIS PART 5 PROHIBITS A SELLER OF PROPERTY8 FROM CONSIDERING LEGITIMATE AND NON-DISCRIMINATORY FACTORS9 WHEN DECIDING WHETHER TO ACCEPT AN OFFER .10 SECTION 3. Act subject to petition - effective date. This act11 takes effect at 12:01 a.m. on the day following the expiration of the12 ninety-day period after final adjournment of the general assembly; except13 that, if a referendum petition is filed pursuant to section 1 (3) of article V14 of the state constitution against this act or an item, section, or part of this15 act within such period, then the act, item, section, or part will not take16 effect unless approved by the people at the general election to be held in17 November 2022 and, in such case, will take effect on the date of the18 official declaration of the vote thereon by the governor.19 1102 -6-