Colorado 2022 2022 Regular Session

Colorado House Bill HB1102 Engrossed / Bill

Filed 02/09/2022

                    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-