Housing Discrimination

Housing
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Federal and Colorado laws protect people from discrimination when they rent, buy, or apply for housing. Discrimination can look different in each situation, and it is not always obvious when it happens. These laws are meant to make sure everyone has a fair chance to find and keep housing.

This guide explains: 

  • What housing discrimination is 
  • Who the law protects 
  • What kinds of actions are illegal
  • The steps you can take if you believe you were discriminated against or treated unfairly because of a protected part of your identity

What is housing discrimination?

Housing discrimination happens when a housing provider treats someone worse than others because of a protected trait.

Housing providers can include:

  • Landlords
  • Property managers
  • Homeowners associations
  • Real estate agents
  • Others involved in renting or selling housing

If you are treated differently because of a protected trait, the conduct may violate fair housing laws. 

What are fair housing laws?

Fair housing laws are designed to ensure equal access to housing. These laws apply when people:

  • Rent or buy a home
  • Apply for housing
  • Seek housing assistance
  • Use housing-related services

Federal and Colorado laws ban housing discrimination. The law also creates ways for people to file complaints if they believe their rights were violated. 

Who is protected?

Fair housing laws protect people from discrimination based on certain characteristics or traits called protected classes.

Both Colorado and federal law make it illegal to discriminate because of:

  • Race (including hair texture, hair type, or natural hairstyles)
  • Color
  • National origin
  • Religion
  • Familial status (having children or being pregnant)
  • Disability (mental or physical impairments that substantially limit major life activities)
  • Sex
  • Sexual orientation
  • Gender identity or gender expression

Colorado law also protects people from discrimination based on:

  • Ancestry
  • Creed (religious beliefs)
  • Marital status (single, married, divorced, separated, or widowed)
  • Source of income (including public assistance)
  • Veteran or military status

You may also be protected if discrimination occurs because of the protected characteristic of someone you live with or associate with. 

What actions are illegal?

Housing providers may not take certain actions because of your protected class. Examples include:

  • Refusing to rent or sell housing
  • Setting different terms or conditions for selling or renting housing
  • Offering different housing facilities or services 
  • Falsely claiming that housing is unavailable when it is actually available
  • Evicting a tenant or refusing to renew a lease 
  • Refusing to make reasonable accommodations or reasonable modifications for a disability
  • Steering someone toward or away from certain buildings or neighborhoods
  • Threatening, harassing, or intimidating you
  • Retaliating against you for asserting your rights
  • Advertising housing with discriminatory preferences (for example: no children allowed)

Examples of housing discrimination

Housing discrimination can appear in many ways. Some examples include:

  • Application denials
    • A landlord tells you an apartment is available, but when you arrive and they see your race, they say the unit is no longer available.
    • A landlord refuses to rent to someone who uses a Section 8 voucher or other public assistance.
    • A landlord denies an application because the applicant has children.
  • Different treatment
    • A landlord steers a tenant to a different building because of their ethnicity.
    • Families with children are restricted to certain floors or units.
    • A landlord requires applicants who receive public assistance to pay higher rents.
    • Maintenance requests are handled more slowly for certain tenants than others.
  • Evictions or lease non-renewals
    • A landlord refuses to renew a lease because a tenant is pregnant.
    • A tenant is evicted after requesting a disability-related accommodation.
  • Harassment or intimidation
    • A landlord demands sexual favors in exchange for repairs.
    • A property manager uses racial insults or threats.
    • A landlord fails to stop harassment by property managers or other tenants after it is reported. 

Do fair housing laws apply to all housing?

Fair housing laws apply to all housing available for sale, rent, or lease in Colorado, but there are some exceptions:

  • Some housing operated by religious organizations or private clubs
    • Examples: fraternities, sororities, nunneries
  • Certain types of housing don’t have to follow laws about discrimination based on familial status (living with children, extended family, etc.):
    • Housing for older persons (senior living communities, senior living facilities, assisted living facilities, nursing homes, etc.)
    • Single-family homes, if the owner owns 3 or fewer single-family homes
    • Rooms or units in a building that the owner also lives in, if there are 4 or fewer units
  • Housing owned by smaller landlords instead of big corporations don’t have to follow laws about discriminating against tenants based on the source of their income (receiving public benefits, having a housing choice voucher, etc.):
    • Housing owned by landlords who own 3 or fewer units of housing for rent
    • Housing owned by landlords who own 5 or fewer single-family homes, and no more than 5 total rental units
      • In this situation, the landlord is not required to accept housing choice vouchers for any of the single-family homes.

If you are unsure whether the law applies, you may want to seek legal guidance. 

Note that zoning ordinances that restrict how many people can live in an apartment do not violate fair housing laws.

What should I do if I suspect discrimination?

If you believe you experienced housing discrimination, it can help to: 

Step 1: Write down what happened as soon as possible.

Include dates, locations, and the names of people involved.

Step 2: Keep documents and communications.

Save emails, text messages, letters, or application materials.

Step 3: File a complaint with a government agency.

Agencies investigate housing discrimination at no cost. 

Tip: 
You should file a complaint as soon as possible. Complaints must be filed within 1 year of the discrimination. Civil lawsuits must usually be filed within 2 years. 

Where do I file a complaint?

You can file a housing discrimination complaint with:

Important!
Colorado law bans discrimination based on source of income, marital status, ancestry, creed, and veteran status. Complaints involving those protections must be filed with the Colorado Civil Rights Division, not with HUD.

More Information

HUD: www.hud.gov 
CCRD: https://ccrd.colorado.gov/ 
Denver Metro Fair Housing Center: www.dmfhc.org 

Note:

Colorado Legal Services cannot help with housing discrimination complaints.

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