Colorado 2022 Regular Session

Colorado House Bill HB1102 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0569.01 Jessica Herrera x4218
18 HOUSE BILL 22-1102
2-BY REPRESENTATIVE(S) Ortiz and Sullivan, Bacon, Benavidez, Bird,
3-Boesenecker, Cutter, Duran, Esgar, Exum, Froelich, Herod, Hooton, Jodeh,
4-Kennedy, Kipp, Lindsay, Lontine, McCluskie, McLachlan,
5-Michaelson Jenet, Ricks, Roberts, Snyder, Titone, Valdez A., Valdez D.,
6-Weissman, Woodrow, Young, Garnett, Bernett, Gonzales-Gutierrez;
7-also SENATOR(S) Gardner and Hinrichsen, Bridges, Buckner, Cooke,
8-Coram, Danielson, Donovan, Ginal, Gonzales, Hisey, Holbert,
9-Jaquez Lewis, Kirkmeyer, Lee, Liston, Lundeen, Moreno, Priola, Rankin,
10-Rodriguez, Scott, Simpson, Sonnenberg, Story, Winter, Woodward,
11-Zenzinger, Fenberg.
9+House Committees Senate Committees
10+State, Civic, Military, & Veterans Affairs Judiciary
11+A BILL FOR AN ACT
1212 C
13-ONCERNING PROTECTED CLASSES IN FAIR HOUSING PRACTICES , AND, IN
14-CONNECTION THEREWITH
15-, INCLUDING A VETERAN OR MILITARY
16-STATUS AS A PROTECTED CLASS
17-.
18-Be it enacted by the General Assembly of the State of Colorado:
19-SECTION 1. In Colorado Revised Statutes, 24-34-501, amend (3)
20-and (4); and add (7) as follows:
21-24-34-501. Definitions. As used in this part 5, unless the context
22-otherwise requires:
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. (3) "Person" has the meaning ascribed to such term in section
31-24-34-301 (5) and includes any owner, lessee, proprietor, manager,
32-employee, or any agent of a person; but, for purposes of this part 5, "person"
33-does not include any private club not open to the public that, as an incident
34-to its primary purpose or purposes, provides lodgings that it owns or
35-operates for other than a commercial purpose, unless the club has the
36-purpose of promoting discrimination in the matter of housing against any
37-person because of disability, race, creed, color, religion, sex, sexual
38-orientation, gender identity, gender expression, marital status, familial
13+ONCERNING PROTECTED CLASSES IN FAIR HOUSING PRACTICES , AND,101
14+IN CONNECTION THEREWITH , INCLUDING A VETERAN OR102
15+MILITARY STATUS AS A PROTECTED CLASS .103
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+The bill forbids anyone selling or renting a dwelling from
24+discriminating against an individual based on their veteran or military
25+status. The bill forbids anyone from refusing to negotiate for housing with
26+an individual on the basis of their veteran or military status or otherwise
27+denying or withholding housing on the basis of an individual's veteran or
28+SENATE
29+3rd Reading Unamended
30+March 16, 2022
31+SENATE
32+Amended 2nd Reading
33+March 15, 2022
34+HOUSE
35+3rd Reading Unamended
36+February 9, 2022
37+HOUSE
38+Amended 2nd Reading
39+February 8, 2022
40+HOUSE SPONSORSHIP
41+Ortiz and Sullivan, Bacon, Benavidez, Bird, Boesenecker, Cutter, Duran, Esgar, Exum,
42+Froelich, Garnett, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie,
43+McLachlan, Michaelson Jenet, Ricks, Roberts, Snyder, Titone, Valdez A., Valdez D.,
44+Weissman, Woodrow, Young
45+SENATE SPONSORSHIP
46+Gardner and Hinrichsen, Bridges, Buckner, Cooke, Coram, Danielson, Donovan,
47+Fenberg, Ginal, Gonzales, Hisey, Holbert, Jaquez Lewis, Kirkmeyer, Lee, Liston, Lundeen,
48+Moreno, Priola, Rankin, Rodriguez, Scott, Simpson, Sonnenberg, Story, Winter, Woodward,
49+Zenzinger
50+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
51+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
52+Dashes through the words indicate deletions from existing statute. military status. For purposes of the bill, an individual who was
53+dishonorably discharged from military service does not have veteran or
54+military status.
55+Be it enacted by the General Assembly of the State of Colorado:1
56+SECTION 1. In Colorado Revised Statutes, 24-34-501, amend2
57+(3) and (4); and add (7) as follows:3
58+24-34-501. Definitions. As used in this part 5, unless the context4
59+otherwise requires:5
60+(3) "Person" has the meaning ascribed to such term in section6
61+24-34-301 (5) and includes any owner, lessee, proprietor, manager,7
62+employee, or any agent of a person; but, for purposes of this part 5,8
63+"person" does not include any private club not open to the public that, as9
64+an incident to its primary purpose or purposes, provides lodgings that it10
65+owns or operates for other than a commercial purpose, unless the club has11
66+the purpose of promoting discrimination in the matter of housing against12
67+any person because of disability, race, creed, color, religion, sex, sexual13
68+orientation, gender identity, gender expression, marital status, familial14
3969 status,
40-VETERAN OR MILITARY STATUS, national origin, or ancestry.
41-(4) "Restrictive covenant" means any specification limiting the
42-transfer, rental, or lease of any housing because of disability, race, creed,
43-color, religion, sex, sexual orientation, gender identity, gender expression,
44-marital status, familial status, national origin, or
45- ancestry, OR VETERAN OR
46-MILITARY STATUS
47-, or limiting the rental or lease of any housing because of
48-source of income.
70+VETERAN OR MILITARY STATUS, national origin, or ancestry.15
71+(4) "Restrictive covenant" means any specification limiting the16
72+transfer, rental, or lease of any housing because of disability, race, creed,17
73+color, religion, sex, sexual orientation, gender identity, gender expression,18
74+marital status, familial status, national origin, or ancestry, OR VETERAN OR19
75+MILITARY STATUS, or limiting the rental or lease of any housing because20
76+of source of income.21
4977 (7) "V
50-ETERAN OR MILITARY STATUS" MEANS A MEMBER OR VETERAN
51-OF THE
52-UNITED STATES ARMED FORCES, UNITED STATES ARMED FORCES
53-RESERVE, OR UNITED STATES NATIONAL GUARD. "VETERAN OR MILITARY
54-STATUS
55-" DOES NOT INCLUDE AN INDIVIDUAL WHO WAS DISHONORABLY
56-DISCHARGED FROM MILITARY SERVICE
57-.
58-SECTION 2. In Colorado Revised Statutes, 24-34-502, amend
59-(1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6); and add (10) as
60-follows:
61-24-34-502. Unfair housing practices prohibited - definitions.
62-(1) It is an unfair housing practice, unlawful, and prohibited:
63-(a) (I) For any person to refuse to show, sell, transfer, rent, or lease
64-any housing; refuse to receive and transmit any bona fide offer to buy, sell,
65-rent, or lease any housing; or otherwise make unavailable or deny or
66-withhold from an individual any housing because of disability, race, creed,
67-color, sex, sexual orientation, gender identity, gender expression, marital
68-status, familial status,
69-VETERAN OR MILITARY STATUS , religion, national
70-origin, or ancestry; to discriminate against an individual because of
71-disability, race, creed, color, sex, sexual orientation, gender identity, gender
72-PAGE 2-HOUSE BILL 22-1102 expression, marital status, familial status, VETERAN OR MILITARY STATUS,
73-religion, national origin, or ancestry in the terms, conditions, or privileges
74-pertaining to any housing or the transfer, sale, rental, or lease of housing or
75-in furnishing facilities or services in connection with housing; or to cause
76-to be made any written or oral inquiry or record concerning the disability,
77-race, creed, color, sex, sexual orientation, gender identity, gender
78+ETERAN OR MILITARY STATUS " MEANS A MEMBER OR22
79+VETERAN OF THE UNITED STATES ARMED FORCES, UNITED STATES23
80+A
81+RMED FORCES RESERVE, OR UNITED STATES NATIONAL GUARD.24
82+1102-2- "VETERAN OR MILITARY STATUS" DOES NOT INCLUDE AN INDIVIDUAL WHO1
83+WAS DISHONORABLY DISCHARGED FROM MILITARY SERVICE .2
84+SECTION 2. In Colorado Revised Statutes, 24-34-502, amend3
85+(1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6); and add (10) as4
86+follows:5
87+24-34-502. Unfair housing practices prohibited - definitions.6
88+(1) It is an unfair housing practice, unlawful, and prohibited:7
89+(a) (I) For any person to refuse to show, sell, transfer, rent, or8
90+lease any housing; refuse to receive and transmit any bona fide offer to9
91+buy, sell, rent, or lease any housing; or otherwise make unavailable or10
92+deny or withhold from an individual any housing because of disability,11
93+race, creed, color, sex, sexual orientation, gender identity, gender12
7894 expression, marital status, familial status,
79-VETERAN OR MILITARY STATUS ,
80-religion, national origin, or ancestry of an individual seeking to purchase,
81-rent, or lease any housing; however, nothing in this subsection (1)(a)
82-requires a dwelling to be made available to an individual whose tenancy
83-would constitute a direct threat to the health or safety of other individuals
84-or whose tenancy would result in substantial physical damage to the
85-property of others;
95+VETERAN OR MILITARY STATUS,13
96+religion, national origin, or ancestry; to discriminate against an individual14
97+because of disability, race, creed, color, sex, sexual orientation, gender15
98+identity, gender expression, marital status, familial status,
99+VETERAN OR16
100+MILITARY STATUS, religion, national origin, or ancestry in the terms,17
101+conditions, or privileges pertaining to any housing or the transfer, sale,18
102+rental, or lease of housing or in furnishing facilities or services in19
103+connection with housing; or to cause to be made any written or oral20
104+inquiry or record concerning the disability, race, creed, color, sex, sexual21
105+orientation, gender identity, gender expression, marital status, familial22
106+status,
107+ VETERAN OR MILITARY STATUS , religion, national origin, or23
108+ancestry of an individual seeking to purchase, rent, or lease any housing;24
109+however, nothing in this subsection (1)(a) requires a dwelling to be made25
110+available to an individual whose tenancy would constitute a direct threat26
111+to the health or safety of other individuals or whose tenancy would result27
112+1102
113+-3- in substantial physical damage to the property of others;1
86114 (II) N
87115 OTHING IN THIS SUBSECTION (1)(a) PROHIBITS A WRITTEN OR
88-ORAL INQUIRY OR RECORD CONCERNING MILITARY OR VETERAN STATUS
89-WHEN THE PURPOSE OF THE INQUIRY OR RECORD IS TO DETERMINE A
90-PERSON
91-'S ELIGIBILITY FOR VETERAN OR MILITARY HOUSING OR FOR A
92-VETERAN OR MILITARY HOUSING BENEFIT
93-.
94-(b) For any person to whom application is made for financial
95-assistance for the acquisition, construction, rehabilitation, repair, or
96-maintenance of any housing to make or cause to be made any written or oral
97-inquiry concerning the disability, race, creed, color, sex, sexual orientation,
98-gender identity, gender expression, marital status, familial status,
99-VETERAN
100-OR MILITARY STATUS
101-, religion, national origin, or ancestry of an individual
102-seeking financial assistance or concerning the disability, race, creed, color,
103-sex, sexual orientation, gender identity, gender expression, marital status,
116+2
117+ORAL INQUIRY OR RECORD CONCER NING MILITARY OR VETERAN STATUS3
118+WHEN THE PURPOSE OF THE INQUIRY OR RECORD IS TO DETERMINE A4
119+PERSON'S ELIGIBILITY FOR VETERAN OR MILITARY HOUSING OR FOR A5
120+VETERAN OR MILITARY HOUSING BENEFIT .6
121+(b) For any person to whom application is made for financial7
122+assistance for the acquisition, construction, rehabilitation, repair, or8
123+maintenance of any housing to make or cause to be made any written or9
124+oral inquiry concerning the disability, race, creed, color, sex, sexual10
125+orientation, gender identity, gender expression, marital status, familial11
126+status,
127+VETERAN OR MILITARY STATUS , religion, national origin, or12
128+ancestry of an individual seeking financial assistance or concerning the13
129+disability, race, creed, color, sex, sexual orientation, gender identity,14
130+gender expression, marital status, familial status,
131+VETERAN OR MILITARY15
132+STATUS, religion, national origin, or ancestry of prospective occupants or16
133+tenants of the housing, or to discriminate against any individual because17
134+of the disability, race, creed, color, sex, sexual orientation, gender18
135+identity, gender expression, marital status, familial status,
136+VETERAN OR19
137+MILITARY STATUS, religion, national origin, or ancestry of the individual20
138+or prospective occupants or tenants in the terms, conditions, or privileges21
139+relating to obtaining or using any such financial assistance;22
140+(d) (I)
141+ For any person to make, print, or publish or cause to be23
142+made, printed, or published any notice or advertisement relating to the24
143+sale, transfer, rental, or lease of any housing that indicates any preference,25
144+limitation, specification, or discrimination based on disability, race, creed,26
145+color, religion, sex, sexual orientation, gender identity, gender expression,27
146+1102
147+-4- marital status, familial status, VETERAN OR MILITARY STATUS , national1
148+origin, or ancestry;2
149+(II) T
150+HIS SUBSECTION (1)(d) DOES NOT APPLY WHEN THE PURPOSE
151+3
152+OF THE NOTICE OR ADVERTISEMENT IS TO PROMOTE VETERAN OR MILITARY4
153+HOUSING OR A VETERAN OR MILITARY HOUSING BENEFIT .5
154+(g) For any person whose business includes residential real6
155+estate-related transactions, which transactions involve making or7
156+purchasing loans secured by residential real estate or providing other8
157+financial assistance for purchasing, constructing, improving, repairing, or9
158+maintaining a dwelling or selling, brokering, or appraising residential real10
159+property, to discriminate against an individual in making available such11
160+a transaction or in fixing the terms or conditions of such a transaction12
161+because of race, creed, color, religion, sex, sexual orientation, gender13
162+identity, gender expression, marital status, disability, familial status,14
163+VETERAN OR MILITARY STATUS, national origin, or ancestry;15
164+(h) For any person to deny an individual access to or membership16
165+or participation in any multiple-listing service, real estate brokers'17
166+organization, or other service, organization, or facility related to the18
167+business of selling or renting dwellings or to discriminate against the19
168+individual in the terms or conditions of such access, membership, or20
169+participation on account of race, creed, color, religion, sex, sexual21
170+orientation, gender identity, gender expression, disability, marital status,22
104171 familial status,
105-VETERAN OR MILITARY STATUS, religion, national origin, or
106-ancestry of prospective occupants or tenants of the housing, or to
107-discriminate against any individual because of the disability, race, creed,
108-color, sex, sexual orientation, gender identity, gender expression, marital
109-status, familial status,
110-VETERAN OR MILITARY STATUS , religion, national
111-origin, or ancestry of the individual or prospective occupants or tenants in
112-the terms, conditions, or privileges relating to obtaining or using any such
113-financial assistance;
114-(d) (I) For any person to make, print, or publish or cause to be made,
115-printed, or published any notice or advertisement relating to the sale,
116-transfer, rental, or lease of any housing that indicates any preference,
117-PAGE 3-HOUSE BILL 22-1102 limitation, specification, or discrimination based on disability, race, creed,
118-color, religion, sex, sexual orientation, gender identity, gender expression,
119-marital status, familial status,
120-VETERAN OR MILITARY STATUS , national
121-origin, or ancestry;
122-(II) T
123-HIS SUBSECTION (1)(d) DOES NOT APPLY WHEN THE PURPOSE OF
124-THE NOTICE OR ADVERTISEMENT IS TO PROMOTE VETERAN OR MILITARY
125-HOUSING OR A VETERAN OR MILITARY HOUSING BENEFIT
126-.
127-(g) For any person whose business includes residential real
128-estate-related transactions, which transactions involve making or purchasing
129-loans secured by residential real estate or providing other financial
130-assistance for purchasing, constructing, improving, repairing, or
131-maintaining a dwelling or selling, brokering, or appraising residential real
132-property, to discriminate against an individual in making available such a
133-transaction or in fixing the terms or conditions of such a transaction because
134-of race, creed, color, religion, sex, sexual orientation, gender identity,
135-gender expression, marital status, disability, familial status,
136-VETERAN OR
137-MILITARY STATUS
138-, national origin, or ancestry;
139-(h) For any person to deny an individual access to or membership
140-or participation in any multiple-listing service, real estate brokers'
141-organization, or other service, organization, or facility related to the
142-business of selling or renting dwellings or to discriminate against the
143-individual in the terms or conditions of such access, membership, or
144-participation on account of race, creed, color, religion, sex, sexual
145-orientation, gender identity, gender expression, disability, marital status,
146-familial status,
147-VETERAN OR MILITARY STATUS, national origin or ancestry,
148-or source of income;
149-(i) For any person, for profit, to induce or attempt to induce any
150-person to sell or rent any dwelling by representations regarding the entry or
151-prospective entry into the neighborhood of any individual of a particular
152-race, color, religion, sex, sexual orientation, gender identity, gender
153-expression, disability, familial status,
154-VETERAN OR MILITARY STATUS, creed,
155-national origin, or ancestry;
156-(j) For any person to represent to any other person that a dwelling
157-is not available for inspection, sale, or rental, when the dwelling is in fact
158-available, for the purpose of discriminating against any individual on the
159-PAGE 4-HOUSE BILL 22-1102 basis of race, color, religion, sex, sexual orientation, gender identity, gender
160-expression, disability, familial status,
161-VETERAN OR MILITARY STATUS, creed,
162-national origin, or ancestry;
163-(6) Nothing in this part 5 prohibits a person engaged in the business
164-of furnishing appraisals of real property from taking into consideration
165-factors other than race, creed, color, religion, sex, sexual orientation, gender
166-identity, gender expression, marital status, familial status,
167-VETERAN OR
168-MILITARY STATUS
169-, disability, religion, national origin, or ancestry.
170-(10) (a) N
171-OTHING IN THIS PART 5 PROHIBITS A SELLER OF PROPERTY
172-FROM CONSIDERING LEGITIMATE AND NONDISCRIMINATORY FACTORS WHEN
173-DECIDING WHETHER TO ACCEPT AN OFFER
174-.
172+VETERAN OR MILITARY STATUS, national origin or ancestry,23
173+or source of income;24
174+(i) For any person, for profit, to induce or attempt to induce any25
175+person to sell or rent any dwelling by representations regarding the entry26
176+or prospective entry into the neighborhood of any individual of a27
177+1102
178+-5- particular race, color, religion, sex, sexual orientation, gender identity,1
179+gender expression, disability, familial status,
180+VETERAN OR MILITARY2
181+STATUS, creed, national origin, or ancestry;3
182+(j) For any person to represent to any other person that a dwelling4
183+is not available for inspection, sale, or rental, when the dwelling is in fact5
184+available, for the purpose of discriminating against any individual on the6
185+basis of race, color, religion, sex, sexual orientation, gender identity,7
186+gender expression, disability, familial status,
187+VETERAN OR MILITARY8
188+STATUS, creed, national origin, or ancestry;9
189+(6) Nothing in this part 5 prohibits a person engaged in the10
190+business of furnishing appraisals of real property from taking into11
191+consideration factors other than race, creed, color, religion, sex, sexual12
192+orientation, gender identity, gender expression, marital status, familial13
193+status,
194+VETERAN OR MILITARY STATUS, disability, religion, national origin,14
195+or ancestry.15
196+(10) (a) NOTHING IN THIS PART 5 PROHIBITS A SELLER OF PROPERTY16
197+FROM CONSIDERING LEGITIMATE AND NONDISCRIMINATORY FACTORS17
198+WHEN DECIDING WHETHER TO ACCEPT AN OFFER .18
175199 (b) N
176200 OTHING IN THIS PART 5 PROHIBITS ADHERENCE TO
177-REQUIREMENTS UNDER
178-38 CFR 36 THAT GOVERN THE UNITED STATES
179-DEPARTMENT OF VETERANS AFFAIRS BENEFITS
180-, INCLUDING RESTRICTIONS ON
181-OPTIONS ON A HOME CONTRACT
182-, OR PROHIBITS INQUIRY REGARDING AN
183-INDIVIDUAL
184-'S VETERAN OR MILITARY STATUS TO THE EXTENT NECESSARY TO
185-DETERMINE IF THE INDIVIDUAL IS ELIGIBLE FOR A BENEFIT OFFERED TO
186-VETERANS OR MEMBERS OF THE MILITARY
187-. SUCH ADHERENCE DOES NOT
188-CONSTITUTE A VIOLATION OF THIS PART
189-5.
190-SECTION 3. Act subject to petition - effective date. This act
191-takes effect at 12:01 a.m. on the day following the expiration of the
192-ninety-day period after final adjournment of the general assembly; except
193-that, if a referendum petition is filed pursuant to section 1 (3) of article V
194-of the state constitution against this act or an item, section, or part of this act
195-within such period, then the act, item, section, or part will not take effect
196-unless approved by the people at the general election to be held in
197-PAGE 5-HOUSE BILL 22-1102 November 2022 and, in such case, will take effect on the date of the official
198-declaration of the vote thereon by the governor.
199-____________________________ ____________________________
200-Alec Garnett Steve Fenberg
201-SPEAKER OF THE HOUSE PRESIDENT OF
202-OF REPRESENTATIVES THE SENATE
203-____________________________ ____________________________
204-Robin Jones Cindi L. Markwell
205-CHIEF CLERK OF THE HOUSE SECRETARY OF
206-OF REPRESENTATIVES THE SENATE
207- APPROVED________________________________________
208- (Date and Time)
209- _________________________________________
210- Jared S. Polis
211- GOVERNOR OF THE STATE OF COLORADO
212-PAGE 6-HOUSE BILL 22-1102
201+19
202+REQUIREMENTS UNDER 38 CFR 36 THAT GOVERN THE UNITED STATES20
203+DEPARTMENT OF VETERANS AFFAIRS BENEFITS , INCLUDING RESTRICTIONS21
204+ON OPTIONS ON A HOME CONTRACT, OR PROHIBITS INQUIRY REGARDING AN22
205+INDIVIDUAL'S VETERAN OR MILITARY STATUS TO THE EXTENT NECESSARY23
206+TO DETERMINE IF THE INDIVIDUAL IS ELIGIBLE FOR A BENEFIT OFFERED TO24
207+VETERANS OR MEMBERS OF THE MILITARY . SUCH ADHERENCE DOES NOT25
208+CONSTITUTE A VIOLATION OF THIS PART 5.26
209+SECTION 3. Act subject to petition - effective date. This act27
210+1102
211+-6- takes effect at 12:01 a.m. on the day following the expiration of the1
212+ninety-day period after final adjournment of the general assembly; except2
213+that, if a referendum petition is filed pursuant to section 1 (3) of article V3
214+of the state constitution against this act or an item, section, or part of this4
215+act within such period, then the act, item, section, or part will not take5
216+effect unless approved by the people at the general election to be held in6
217+November 2022 and, in such case, will take effect on the date of the7
218+official declaration of the vote thereon by the governor.8
219+1102
220+-7-