HOUSE BILL 22-1102
BY REPRESENTATIVE(S) Ortiz and Sullivan, Bacon, Benavidez, Bird,
Boesenecker, Cutter, Duran, Esgar, Exum, Froelich, Herod, Hooton, Jodeh,
Kennedy, Kipp, Lindsay, Lontine, McCluskie, McLachlan,
Michaelson Jenet, Ricks, Roberts, Snyder, Titone, Valdez A., Valdez D.,
Weissman, Woodrow, Young, Garnett, Bernett, Gonzales-Gutierrez;
also SENATOR(S) Gardner and Hinrichsen, Bridges, Buckner, Cooke,
Coram, Danielson, Donovan, Ginal, Gonzales, Hisey, Holbert,
Jaquez Lewis, Kirkmeyer, Lee, Liston, Lundeen, Moreno, Priola, Rankin,
Rodriguez, Scott, Simpson, Sonnenberg, Story, Winter, Woodward,
Zenzinger, Fenberg.
C
ONCERNING PROTECTED CLASSES IN FAIR HOUSING PRACTICES , AND, IN
CONNECTION THEREWITH
, INCLUDING A VETERAN OR MILITARY
STATUS AS A PROTECTED CLASS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-34-501, amend (3)
and (4); and add (7) as follows:
24-34-501. Definitions. As used in this part 5, unless the context
otherwise requires:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (3) "Person" has the meaning ascribed to such term in section
24-34-301 (5) and includes any owner, lessee, proprietor, manager,
employee, or any agent of a person; but, for purposes of this part 5, "person"
does not include any private club not open to the public that, as an incident
to its primary purpose or purposes, provides lodgings that it owns or
operates for other than a commercial purpose, unless the club has the
purpose of promoting discrimination in the matter of housing against any
person because of disability, race, creed, color, religion, sex, sexual
orientation, gender identity, gender expression, marital status, familial
status,
VETERAN OR MILITARY STATUS, national origin, or ancestry.
(4) "Restrictive covenant" means any specification limiting the
transfer, rental, or lease of any housing because of disability, race, creed,
color, religion, sex, sexual orientation, gender identity, gender expression,
marital status, familial status, national origin, or
ancestry, OR VETERAN OR
MILITARY STATUS
, or limiting the rental or lease of any housing because of
source of income.
(7) "V
ETERAN OR MILITARY STATUS" MEANS A MEMBER OR VETERAN
OF THE
UNITED STATES ARMED FORCES, UNITED STATES ARMED FORCES
RESERVE, OR UNITED STATES NATIONAL GUARD. "VETERAN OR MILITARY
STATUS
" DOES NOT INCLUDE AN INDIVIDUAL WHO WAS DISHONORABLY
DISCHARGED FROM MILITARY SERVICE
.
SECTION 2. In Colorado Revised Statutes, 24-34-502, amend
(1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6); and add (10) as
follows:
24-34-502. Unfair housing practices prohibited - definitions.
(1) It is an unfair housing practice, unlawful, and prohibited:
(a) (I) For any person to refuse to show, sell, transfer, rent, or lease
any housing; refuse to receive and transmit any bona fide offer to buy, sell,
rent, or lease any housing; or otherwise make unavailable or deny or
withhold from an individual any housing because of disability, race, creed,
color, sex, sexual orientation, gender identity, gender expression, marital
status, familial status,
VETERAN OR MILITARY STATUS , religion, national
origin, or ancestry; to discriminate against an individual because of
disability, race, creed, color, sex, sexual orientation, gender identity, gender
PAGE 2-HOUSE BILL 22-1102 expression, marital status, familial status, VETERAN OR MILITARY STATUS,
religion, national origin, or ancestry in the terms, conditions, or privileges
pertaining to any housing or the transfer, sale, rental, or lease of housing or
in furnishing facilities or services in connection with housing; or to cause
to be made any written or oral inquiry or record concerning the disability,
race, creed, color, sex, sexual orientation, gender identity, gender
expression, marital status, familial status,
VETERAN OR MILITARY STATUS ,
religion, national origin, or ancestry of an individual seeking to purchase,
rent, or lease any housing; however, nothing in this subsection (1)(a)
requires a dwelling to be made available to an individual whose tenancy
would constitute a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage to the
property of others;
(II) N
OTHING IN THIS SUBSECTION (1)(a) PROHIBITS A WRITTEN OR
ORAL INQUIRY OR RECORD CONCERNING MILITARY OR VETERAN STATUS
WHEN THE PURPOSE OF THE INQUIRY OR RECORD IS TO DETERMINE A
PERSON
'S ELIGIBILITY FOR VETERAN OR MILITARY HOUSING OR FOR A
VETERAN OR MILITARY HOUSING BENEFIT
.
(b) For any person to whom application is made for financial
assistance for the acquisition, construction, rehabilitation, repair, or
maintenance of any housing to make or cause to be made any written or oral
inquiry concerning the disability, race, creed, color, sex, sexual orientation,
gender identity, gender expression, marital status, familial status,
VETERAN
OR MILITARY STATUS
, religion, national origin, or ancestry of an individual
seeking financial assistance or concerning the disability, race, creed, color,
sex, sexual orientation, gender identity, gender expression, marital status,
familial status,
VETERAN OR MILITARY STATUS, religion, national origin, or
ancestry of prospective occupants or tenants of the housing, or to
discriminate against any individual because of the disability, race, creed,
color, sex, sexual orientation, gender identity, gender expression, marital
status, familial status,
VETERAN OR MILITARY STATUS , religion, national
origin, or ancestry of the individual or prospective occupants or tenants in
the terms, conditions, or privileges relating to obtaining or using any such
financial assistance;
(d) (I) For any person to make, print, or publish or cause to be made,
printed, or published any notice or advertisement relating to the sale,
transfer, rental, or lease of any housing that indicates any preference,
PAGE 3-HOUSE BILL 22-1102 limitation, specification, or discrimination based on disability, race, creed,
color, religion, sex, sexual orientation, gender identity, gender expression,
marital status, familial status,
VETERAN OR MILITARY STATUS , national
origin, or ancestry;
(II) T
HIS SUBSECTION (1)(d) DOES NOT APPLY WHEN THE PURPOSE OF
THE NOTICE OR ADVERTISEMENT IS TO PROMOTE VETERAN OR MILITARY
HOUSING OR A VETERAN OR MILITARY HOUSING BENEFIT
.
(g) For any person whose business includes residential real
estate-related transactions, which transactions involve making or purchasing
loans secured by residential real estate or providing other financial
assistance for purchasing, constructing, improving, repairing, or
maintaining a dwelling or selling, brokering, or appraising residential real
property, to discriminate against an individual in making available such a
transaction or in fixing the terms or conditions of such a transaction because
of race, creed, color, religion, sex, sexual orientation, gender identity,
gender expression, marital status, disability, familial status,
VETERAN OR
MILITARY STATUS
, national origin, or ancestry;
(h) For any person to deny an individual access to or membership
or participation in any multiple-listing service, real estate brokers'
organization, or other service, organization, or facility related to the
business of selling or renting dwellings or to discriminate against the
individual in the terms or conditions of such access, membership, or
participation on account of race, creed, color, religion, sex, sexual
orientation, gender identity, gender expression, disability, marital status,
familial status,
VETERAN OR MILITARY STATUS, national origin or ancestry,
or source of income;
(i) For any person, for profit, to induce or attempt to induce any
person to sell or rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of any individual of a particular
race, color, religion, sex, sexual orientation, gender identity, gender
expression, disability, familial status,
VETERAN OR MILITARY STATUS, creed,
national origin, or ancestry;
(j) For any person to represent to any other person that a dwelling
is not available for inspection, sale, or rental, when the dwelling is in fact
available, for the purpose of discriminating against any individual on the
PAGE 4-HOUSE BILL 22-1102 basis of race, color, religion, sex, sexual orientation, gender identity, gender
expression, disability, familial status,
VETERAN OR MILITARY STATUS, creed,
national origin, or ancestry;
(6) Nothing in this part 5 prohibits a person engaged in the business
of furnishing appraisals of real property from taking into consideration
factors other than race, creed, color, religion, sex, sexual orientation, gender
identity, gender expression, marital status, familial status,
VETERAN OR
MILITARY STATUS
, disability, religion, national origin, or ancestry.
(10) (a) N
OTHING IN THIS PART 5 PROHIBITS A SELLER OF PROPERTY
FROM CONSIDERING LEGITIMATE AND NONDISCRIMINATORY FACTORS WHEN
DECIDING WHETHER TO ACCEPT AN OFFER
.
(b) N
OTHING IN THIS PART 5 PROHIBITS ADHERENCE TO
REQUIREMENTS UNDER
38 CFR 36 THAT GOVERN THE UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS BENEFITS
, INCLUDING RESTRICTIONS ON
OPTIONS ON A HOME CONTRACT
, OR PROHIBITS INQUIRY REGARDING AN
INDIVIDUAL
'S VETERAN OR MILITARY STATUS TO THE EXTENT NECESSARY TO
DETERMINE IF THE INDIVIDUAL IS ELIGIBLE FOR A BENEFIT OFFERED TO
VETERANS OR MEMBERS OF THE MILITARY
. SUCH ADHERENCE DOES NOT
CONSTITUTE A VIOLATION OF THIS PART
5.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-HOUSE BILL 22-1102 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 22-1102