Senate Bill 20-224
Concerning a Prohibition on a Landlord Engaging in Certain Activities Related to a Tenant's Citizenship Status
This bill creates the "Immigrant Tenant Protection Act", in §38-12-1201 to 1205, C.R.S., which prohibits a landlord from engaging in certain housing practices or related activities based on the immigration or citizenship status of a tenant.
Pursuant to the Act, on or after January 1, 2021, unless otherwise provided or required by law or court order, a landlord shall not:
- Demand, request, or collect information regarding or relating to the immigration or citizenship status of a tenant; except in the case where the landlord is also the tenant’s employer where they are required to collect information to complete an employment form required by law;
- Disclose or threaten to disclose information regarding or relating to that status of a tenant to any person, entity, or immigration or law enforcement agency;
- Harass or intimidate a tenant or retaliate against a tenant for exercising the tenant’s rights under the Act or opposing any conduct prohibited by the Act;
- Interfere with a tenant’s rights under the Act including attempting to or actually influencing a tenant to surrender possession of a dwelling unit or to not seek to occupy a dwelling unit, based solely or in part on that status;
- Refuse to enter into a rental agreement or to approve a subtenancy, or to otherwise preclude a tenant from occupying a dwelling unit, based solely or in part on that status of the tenant; or
- Bring an action to recover possession of a dwelling unit based solely or in part on that status of a tenant.
While the Act does provide for authorized conduct on the part of the landlord under the law, as well as legal and contractual obligations, landlords and property managers need to be aware of this bill’s provisions and seek out legal advice, as a violation of the Act can result in civil penalties, compensatory damages, and attorney fees.
House Bill 20-1332
Concerning Prohibitions on Discrimination in Housing Based on Source of Income, and, in Connection Therewith, Making an Appropriation
This bill amends unfair housing practices that are prohibited in §24-34-501 and 502, C.R.S., by adding discrimination based on source of income as a type of unfair housing practice. It is important for landlords and property managers to be aware of this new law.
"Source of Income" is now defined in the Act to mean any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession occupation, and income or rental payments from any government or private assistance, grant, or loan program.
Pursuant to the Act, on or after January 1, 2021, it shall be an unfair housing practice and one is prohibited from:
- Refusing to rent, lease, show for rent or lease, or transmit an offer to rent or lease, or to otherwise make unavailable or deny or withhold any housing for rent or lease based on a person's source of income.
- Discriminating in the terms, conditions or privileges of a rental agreement against another person based on source of income, or based upon the person's participation in a 3rd-party contract required as a condition of receiving public housing assistance.
- Advertising for the rent or lease of housing any limitation or preference based on source of income; or to use representations related to a person's source of income that housing is not available when it is, or to induce another person to rent or lease property in a neighborhood based on particular sources of income.
A landlord is not prohibited from checking the credit of prospective tenants. Checking the credit of a prospective tenant is not an unfair housing practice if the landlord checks the credit of every prospective tenant.
These prohibitions do not apply to a landlord with 3 or fewer rental units. Also, a landlord that owns 5 or fewer single family rental homes, and no more than 5 total rental units including any single family homes, is not required to accept federal housing choice vouchers for any of those 5 single family homes as an acceptable source of income.