Colorado 2022 2022 Regular Session

Colorado House Bill HB1102 Amended / Bill

Filed 03/15/2022

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0569.01 Jessica Herrera x4218
HOUSE BILL 22-1102
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs Judiciary
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
SENATE
Amended 2nd Reading
March 15, 2022
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) (I) For any person to refuse to show, sell, transfer, rent, or8
lease any housing; refuse to receive and transmit any bona fide offer to9
buy, sell, rent, or lease any housing; or otherwise make unavailable or10
deny or withhold from an individual any housing because of disability,11
race, creed, color, sex, sexual orientation, gender identity, gender12
expression, marital status, familial status, 
VETERAN OR MILITARY STATUS,13
religion, national origin, or ancestry; to discriminate against an individual14
because of disability, race, creed, color, sex, sexual orientation, gender15
identity, gender expression, marital status, familial status, 
VETERAN OR16
MILITARY STATUS, religion, national origin, or ancestry in the terms,17
conditions, or privileges pertaining to any housing or the transfer, sale,18
rental, or lease of housing or in furnishing facilities or services in19
connection with housing; or to cause to be made any written or oral20
inquiry or record concerning the disability, race, creed, color, sex, sexual21
orientation, gender identity, gender expression, marital status, familial22
status,
 VETERAN OR MILITARY STATUS , religion, national origin, or23
ancestry of an individual seeking to purchase, rent, or lease any housing;24
however, nothing in this subsection (1)(a) requires a dwelling to be made25
available to an individual whose tenancy would constitute a direct threat26
to the health or safety of other individuals or whose tenancy would result27
1102
-3- in substantial physical damage to the property of others;1
(II)  N
OTHING IN THIS SUBSECTION (1)(a) PROHIBITS A WRITTEN OR
2
ORAL INQUIRY OR RECORD CONCER NING MILITARY OR VETERAN STATUS3
WHEN THE PURPOSE OF THE INQUIRY OR RECORD IS TO DETERMINE A4
PERSON'S ELIGIBILITY FOR VETERAN OR MILITARY HOUSING OR FOR A5
VETERAN OR MILITARY HOUSING BENEFIT .6
(b)  For any person to whom application is made for financial7
assistance for the acquisition, construction, rehabilitation, repair, or8
maintenance of any housing to make or cause to be made any written or9
oral inquiry concerning the disability, race, creed, color, sex, sexual10
orientation, gender identity, gender expression, marital status, familial11
status, 
VETERAN OR MILITARY STATUS , religion, national origin, or12
ancestry of an individual seeking financial assistance or concerning the13
disability, race, creed, color, sex, sexual orientation, gender identity,14
gender expression, marital status, familial status, 
VETERAN OR MILITARY15
STATUS, religion, national origin, or ancestry of prospective occupants or16
tenants of the housing, or to discriminate against any individual because17
of the disability, race, creed, color, sex, sexual orientation, gender18
identity, gender expression, marital status, familial status, 
VETERAN OR19
MILITARY STATUS, religion, national origin, or ancestry of the individual20
or prospective occupants or tenants in the terms, conditions, or privileges21
relating to obtaining or using any such financial assistance;22
(d) (I)
  For any person to make, print, or publish or cause to be23
made, printed, or published any notice or advertisement relating to the24
sale, transfer, rental, or lease of any housing that indicates any preference,25
limitation, specification, or discrimination based on disability, race, creed,26
color, religion, sex, sexual orientation, gender identity, gender expression,27
1102
-4- marital status, familial status, VETERAN OR MILITARY STATUS , national1
origin, or ancestry;2
(II)  T
HIS SUBSECTION (1)(d) DOES NOT APPLY WHEN THE PURPOSE
3
OF THE NOTICE OR ADVERTISEMENT IS TO PROMOTE VETERAN OR MILITARY4
HOUSING OR A VETERAN OR MILITARY HOUSING BENEFIT .5
(g)  For any person whose business includes residential real6
estate-related transactions, which transactions involve making or7
purchasing loans secured by residential real estate or providing other8
financial assistance for purchasing, constructing, improving, repairing, or9
maintaining a dwelling or selling, brokering, or appraising residential real10
property, to discriminate against an individual in making available such11
a transaction or in fixing the terms or conditions of such a transaction12
because of race, creed, color, religion, sex, sexual orientation, gender13
identity, gender expression, marital status, disability, familial status,14
VETERAN OR MILITARY STATUS, national origin, or ancestry;15
(h)  For any person to deny an individual access to or membership16
or participation in any multiple-listing service, real estate brokers'17
organization, or other service, organization, or facility related to the18
business of selling or renting dwellings or to discriminate against the19
individual in the terms or conditions of such access, membership, or20
participation on account of race, creed, color, religion, sex, sexual21
orientation, gender identity, gender expression, disability, marital status,22
familial status, 
VETERAN OR MILITARY STATUS, national origin or ancestry,23
or source of income;24
(i)  For any person, for profit, to induce or attempt to induce any25
person to sell or rent any dwelling by representations regarding the entry26
or prospective entry into the neighborhood of any individual of a27
1102
-5- particular race, color, religion, sex, sexual orientation, gender identity,1
gender expression, disability, familial status, 
VETERAN OR MILITARY2
STATUS, creed, national origin, or ancestry;3
(j)  For any person to represent to any other person that a dwelling4
is not available for inspection, sale, or rental, when the dwelling is in fact5
available, for the purpose of discriminating against any individual on the6
basis of race, color, religion, sex, sexual orientation, gender identity,7
gender expression, disability, familial status, 
VETERAN OR MILITARY8
STATUS, creed, national origin, or ancestry;9
(6)  Nothing in this part 5 prohibits a person engaged in the10
business of furnishing appraisals of real property from taking into11
consideration factors other than race, creed, color, religion, sex, sexual12
orientation, gender identity, gender expression, marital status, familial13
status, 
VETERAN OR MILITARY STATUS, disability, religion, national origin,14
or ancestry.15
(10) (a) NOTHING IN THIS PART 5 PROHIBITS A SELLER OF PROPERTY16
FROM CONSIDERING LEGITIMATE AND NONDISCRIMINATORY FACTORS17
WHEN DECIDING WHETHER TO ACCEPT AN OFFER .18
(b)  N
OTHING IN THIS PART 5 PROHIBITS ADHERENCE TO
19
REQUIREMENTS UNDER 38 CFR 36 THAT GOVERN THE UNITED STATES20
DEPARTMENT OF VETERANS AFFAIRS BENEFITS , INCLUDING RESTRICTIONS21
ON OPTIONS ON A HOME CONTRACT, OR PROHIBITS INQUIRY REGARDING AN22
INDIVIDUAL'S VETERAN OR MILITARY STATUS TO THE EXTENT NECESSARY23
TO DETERMINE IF THE INDIVIDUAL IS ELIGIBLE FOR A BENEFIT OFFERED TO24
VETERANS OR MEMBERS OF THE MILITARY . SUCH ADHERENCE DOES NOT25
CONSTITUTE A VIOLATION OF THIS PART 5.26
SECTION 3. Act subject to petition - effective date. This act27
1102
-6- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2022 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
1102
-7-