Fair Housing Act in Colorado

Colorado fair housing law is older than the federal law. It includes residential and commercial property. In the rental or sale of the property, Colorado adds protection for marital status and sexual orientation in addition to the federally-protected classes of familial status, race, sex, handicap, color, religion, and national origin. The Colorado exemptions are also more restrictive than federal law.

The Civil Rights Act of 1866

The federal government’s effort to end discrimination in the provision of housing began with the passage of the Civil Rights Act of 1866. The law prohibits discrimination based on race in every property transaction but was largely ignored.

Housing was not the only area subject to discrimination. The U.S.  Supreme Court’s 1896 decision in Plessy v. Ferguson, which involved segregated railway cars, upheld racial segregation in public facilities – the ‘separate but equal’ doctrine. A series of court decisions and federal laws between 1948 and 1968 attempted to address inequalities in the provision of public housing and other services that were the result of Plessy. Only certain aspects of the housing market, such as federally funded housing programs, could be addressed, however.

The U.S. Supreme Court did eventually issue decisions that rejected racial discrimination. In 1954, Plessy was overturned by the Court’s decision in Brown v. Board of Education, which held that separate schools or black and white students were inherently unconstitutional. Finally, in 1968, the Court in Jones vs. Mayer, held that there was a constitutional basis for the Civil Rights Act of 1866 in the 13th Amendment to the U.S. Constitution, which prohibits slavery. The 1866 law prohibits all racial discrimination in the sale or rental of publicly or privately held property, without exceptions, whatever facilitated by a real estate professional or sold or rented by the owner. Where race is involved, no exceptions apply.

In subsequent cases, the U.S. Supreme Court has expanded the definition of the term race to include ancestral and ethnic characteristics, including certain physical, cultural, or linguistic traits that are shared b a group with a common national origin. These rulings are significant because discrimination on the basis of race, as it is now defined, allows a complaint to be brought under the provision of the Civil Rights Act of 1866.

The 1866 Civil Rights Act applies only to racial discrimination, but 1968 also saw the passage of Title VIII of the Civil Rights Act of 1968, which we know as the Fait Housing Act. The Fair Housing Act prohibits specific discriminatory practices throughout the real estate industry.

Title VIII of the Civil Rights Act of 1968

Title VIII of the Civil Rights Act of 1968, as amended by the Housing and Community Development Act of 1974and the Fair Housing Amendments Act of 1988, is the Fair Housing Act. It prohibits discrimination in housing based on:

• Race
• Color
• National Origin
• Religion
• Sex
• Familial Status
• Disability

The Fair Housing Act also prohibits discrimination against individuals because of their association with persons in the protected classes.

The Fair Housing Act originally prohibited discrimination based on race, color, religion, or national origin. The Housing and Community Development Act added sex to the list of protected classes, and the Fair Housing Amendments Act added disability and familial status, although an exception was made for certain housing intended for persons age 55 or older. The amended act also changed the penalties for violations of the law, making them more severe and added the right to seek damages, such as those for noneconomic injuries (humiliation, embarrassment, inconvenience, and mental anguish).

Housing for Older Persons Act (HOPA)

In 1995, Congress passed the Housing for Older Persons Act (HOPA), which repealed the requirements that housing intended for those age 55 or older have ‘significant facilities and services’ designed for seniors. HOPA still requires that at least 80% of occupied units have one person age 55 or older living in them. The act prohibits the awarding of monetary damages against those who, in good faith, reasonably believed that property designated as housing for older persons was exempt from familial status provisions of the Fair Housing Act.

The Fair Housing Act is administered by the Department of Housing and Urban Development (HUD), and information on fair housing can be found by going on www.hud.gov and entering ‘fair housing”. HUD has established rules and regulations that further interpret the practices affected by the law.

The poster below declares that our office and our agents promise to adhere to the Fair Housing Acr and we pledge support for affirmative marketing and advertising programs.

Fair Housing Complaints

If you believe that you have been illegally discriminated against, the Colorado Fair Housing Act provides the following:

1. You may file a complaint with the Colorado Civil Rights Commission.
2. This complaint must be filed within one year after the alleged unfair housing practice occurs.
3. The Civil Rights Commission will first seek to voluntarily adjust the complaint.

Fair Housing Act in Property Management

1.  Colorado fair housing includes all real property, not just residential.
2. Disabled tenants are protected under the law.
   1. Disability is defined as any impairment that limits a major life activity.
      1.  The property manager must allow reversible modifications without requiring the tenant to ask for permission.
      2. The tenant would be expected to pay for the modifications.
      3. Tenants may be required to remove modifications and repair damage when they leave.
      4. Property managers must make “reasonable accommodations” in rules or policies to accommodate the handicapped.
         1. The manager must also allow guide or service animals even if they have a “no pets” policy. The manager may not charge an extra damage deposit for the service animal.
         2. An apartment complex with “first-come, first-served” parking must waive or amend its rules to permit assigned parking for a person with limited mobility.

3. Tenant application and selection processes must be universal.

1. Failure to design units first occupied as accessible after March 13, 1991 is a violation.
   1. This applies to properties with four or more units.
   2.  Buildings with elevators must make all units accessible.
   3.  Buildings without elevators must make ground units accessible.
   4.  Common-use areas must be accessible.

Americans with Disabilities Act

Although the Americans with Disabilities Act (ADA) is not a housing law, it still has a significant effect on the real estate industry. ADA requires access to goods, services and public buildings.

Title III of ADA requires that individuals with disabilities have full accessibility to businesses, goods, and public services. As a result, building owners and managers of commercial spaces must be constantly alert to ensure that obstacles are removed. The Americans with Disabilities Act Accessibility Guidelines (ADAAG) contained detailed specifications for designing parking spaces, curb ramps, elevators, drinking fountains, toilet facilities, and directional signs to ensure maximum accessibility.

If you are planning on building a commercial space, it is best for you to seek the services of an attorney, an architect, or a consultant who specializes in ADA issues.

Feel free to contact me and I can provide you with local recommendations.

Enforcement of the Fair Housing Act

The federal Fair Housing Act is administered by the Office of Fair Housing and Equal Opportunity under the direction of the secretary of HUD.  If you believe that illegal discrimination has occurred, you may file a complaint with HUD within one year of the alleged act. HUD also may initiaite its own complaint. Complaints may be reported to the Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410, or to the Office of Fair Housing and Equal Opportunity in care of the nearest HUD regional office. Complaints may be also submitted directly to HUD using an online form available on the HUD website. 

Upon receiving a complaint, HUD initiates an investigation. Within 100 days of the filing of the complaint, HUD either determines that reasonable cause exists to bring a charge of illegal discrimination or dismisses the complaint. During the investigation period, HUD can attempt to resolve the dispute informally through conciliation. Conciliation is the resolution of complaints by obtaining assurance that the person against whom the complaint was filled will remedy any violation that may have occurred. The respondent further agrees to take steps to eliminate or prevent discriminatory practices in the future. If necessary, these agreements can be enforced through civil action.

You have the right to seek relief through administrative proceedings. An administrative proceeding is a hearing held before an administrative law judge (ALJ). An ALJ has the authority to award actual damages to you and if it is believed the public interest will be served, impose a monetary penalty. The penalty can range from up to $16,000 for a first offense to $70,000 for a third violation within seven years. The ALJ also has the authority to issue an injunction to order the offender to either do something (such as rent an apartment to you), or refrain from doing something (such as acting in a discriminatory manner).

The parties may elect civil action in federal court at any time within two years of the discriminatory act. For cases heard in federal court, unlimited punitive damages can be awarded in addition to actual damages. The court can also injunctions.

The attorney general, upon finding reasonable cause to believe that any person or group is engaged in a pattern or practice of resistance to the full employment of any of the rights granted by the federal fair housing laws, may file a civil action in any federal district court. Civil penalties may result in an amount not to exceed $50,000 for a first violation and an amount not to exceed $100,000 for second and subsequent violations. The U.S. Department of Justice is at www.justice.gov.

Complaints brought under the Civil Rights Act of 1866 are taken directly to federal courts.