Fair Housing

 It?s not an Option.  It?s the LAW.

Fair Housing Laws in Colorado

Federal Fair Housing Act

Title VIII of the Civil Rights Act of 1968, with the Fair Housing Amendments Act of 1988, is called the Fair Housing Act.  The U. S. Department of Housing and Urban Development (HUD) is the federal agency that administers and enforces the Act.

The Fair Housing Act prohibits discrimination based on race, color, religion, national origin, sex, handicap and familial status (including children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18).  The Act deals with the sale, rental or financing of housing, as well as any advertisements or statements with respect to housing.

Housing Covered by the Act

Federal law covers residential property and vacant land intended for residential use.  The law generally excludes the following types of property:

• Rentals in buildings having up to four units when the owner lives in one of the units
• Single-family housing if 1) the owner does not own more than three such single-family homes; 2) the homes are sold or rented without the use of any rental or real estate agent; and, 3) there is no discriminatory advertisingn

Caution:  The two exemptions above may not apply under Colorado law.  Read the explanation of exemptions under Colorado law below.

• Housing operated by religious organizations and private clubs which may give preference to or limit occupancy to members
• For familial status only:  certain housing operated for seniors 55 and older, or 62 and older, with specific other requirements to meet the qualifications of the exemption

Colorado Anti-Discrimination Act of 1957 - Housing Practices

The Colorado statute covers the same protected classes listed abaove in the Federal Fair Housing Act, except that it uses the word "disability" rather than "handicap" in the Federal Fair Housing Act.  The Colorado statute also adds three more protected classes: ancestry, marital status and creed, for a total of ten protected classes, as compared to the seven under the Federal Fair Housing Act.

Like the Federal Fair Housing Act, Colorado law covers all residential property and land intended to be used for housing.  However, Colorado law covers many properties exempted under the Federal Fair Housing Act.  Colorado law exempts the following properties:

• Housing operated by religious organizations and private clubs which may give preference to or limit occupancy to members
• A room for rent in a single family home occupied by the owner or lessee

For familial status only:

• Rentals in buildings having up to four units when the owner lives in one of the units
• Single-family housing if 1) the owner does not own more than three such single-family homes; 2) the homes are sold or rented without the use of any rental or real estate agent; and 3) there is no discriminatory advertising
• Certain housing operated for seniors 55 and older, or 62 years and older, with specific other requirements to be qualified for this exemption

Prohibited Practices

In the sale and rental of housing, it is illegal to take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability).  In addition to these seven protected classes the state of Colorado includes ancestry, marital status and creed.

• Refusing to rent or sell housing
• Refusing to negotiate for housing
• Making housing unavailable by some other means or policy (such as zoning ordinances or decisions)
• Imposing different terms, conditions or privileges for sale or rental of a dwelling
• Providing different terms, conditions or privileges for sale or rental of a dwelling
• Providing different housing services or facilities
• Stating that housing is not available for inspection, sale or rental when it is available
• For profit, persuading owners to sell or rent (blockbusting) by implying that people of another protected class are moving into the neighborhood
• Denying anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing
• Threatening, coercing, intimidating or interfering with anyone exercising a fair housing right or assisting others who exercise that right
• Advertising or making any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, handicap (disability), ancestry, marital status or creed.  This also applies to single-family and owner-occupied housing that is otherwise exempt from the Federal Fair Housing Act (see Housing Covered by the Act).

Mortgage Lending

In Colorado, mortgage lenders are prohibited from taking any of the following actions based on race, color, national origin, religion, sex, familial status, handicap, ancestry, marital status or creed:

• Refusing to make a mortgage loan
• Refusing to provide information regarding loans
• Imposing different terms or conditions on a loan, such as different interest rates, points or fees
• Discriminating in appraising property
• Refusing to purchase a loan
• Setting different terms or conditions for purchasing a loan

If You Have a Disability

The federal and state fair housing laws define an individual with a disability as a person who has a physical or mental impairment that substantially limits one or more of that person's major life activities, has a record of such a disability, or is regarded as having such a disability.  Please note that state and local fair housing laws may have a broader definition of disability than federal law.  Both federal and Colorado law have three definitions of discrimination, which apply only to people with disabilities.  They are:

• Refusing to make accommodations in rules, policies, practices or services when the accommodation is necessary to allow the person the opportunity for full use and enjoyment of the premises
• Refusing to allow a person with a handicap/disability to make any reasonable modifications in the housing ** at the person's own expense if the modification is necessary for their full enjoyment of the premises.  **Under the Federal and Colorado Fair Housing Acts, the resident needing the modification must pay for it, but recipients of federal funds are subject to the 1973 Rehabilitation Act which may make some modifications the responsibility of the owner.
• Designing or constructing new multi-family dwellings for first occupancy after March 13, 1991 which do not have seven specific handicap features prescribed in the statutes

Accommodation must be made and modifications should be allowed unless it is an undue financial and administrative burden or it changes the fundamental nature of the program.

Where to go for Help

If you believe that you ae the victim of housing discrimination, you may contact one of the agencies listed below to file a complaint.  These agencies will investigate your complaint and take the appropriate action.  A complaint must be filed with the appropriate agency within one year of the alleged act of discrimination.

U. S. Department of Housing and Urban Development (HUD)

HUD is the federal agency responsible for administering the Fair Housing Act.  Within HUD, the Office of Fair Housing and Equal Opportunity is the office that receives complaints.  To file a complaint, contact the Denver HUD Fair Housing office  at 1-800-877-7353 or you may call HUD's Discrimination Hotline at 1-800-669-9777.  You can also download the discrimination complaint form and instructions by accessing HUD's website at www.hud.gov.  HUD will investigate the complaint at no charge to you.  If you are hearing or speech impaired, you can reach the HUD Fair Housing office through the TTY service at 1-800-927-9275.

Colorado Civil Rights Division

You may also file a discrimination complaint with the State of Colorado Department of Regulatory Agencies, Division of Civil Rights, phone number 1-800-262-4845 for English or Spanish, or for hearing impaired by dialing 711.  You may also get information about the Colorado Civil Rights Division at its website www.dora.state.co.us/civil-rights.  Under a Memorandum of Understanding between the Colorado Civil Rights Division and HUD, the Division accepts and investigates a complaint jointly filed under both Colorado and federal law.

More information on the Federal Fair Housing Act and available resources can be found on the HUD website www.hud.gov under Fair Housing.

Equal Housing Opportunity