Colorado Fair Housing Act: An Essential Guide for Landlords (2025)
Fair housing laws exist to ensure that every renter has an equal chance to find housing without discrimination. For landlords in Colorado, the Colorado Fair Housing Act (CO FHA) is the backbone of compliance. It sets rules that guide rental practices, tenant screening, and how landlords interact with prospective tenants.
Failing to follow these laws can lead to fines, lawsuits, and reputational harm. This guide covers the key points of the Colorado Fair Housing Act in 2025. We’ll look at updates on tenant screening laws, enforcement processes, and steps landlords can take to avoid violations.
What is the Colorado Fair Housing Act?
What is the Colorado Fair Housing Act?
The Colorado Fair Housing Act protects alongside some federal safeguards to stop people from discriminating in the housing market. Colorado adds extra layers of protection to cover concerns of local housing with more people, while the FHA applies on a nationwide basis.
These laws can affect landlords, along with all property managers. Private homeowners who rent the units out may feel its impact too. For a safe, fair rental firm, grasping the law is the first thing. To build up a business for fair, safe rentals, you must comprehend how it all works.
Key aspects of the Colorado Fair Housing Act (FHA)
The Colorado Fair Housing Act makes it illegal to deny housing, set different terms, or advertise rentals in a discriminatory way. Prohibited actions include:
- Refusing to rent to someone because of their race, religion, or national origin.
- Applying unequal terms or conditions to a rental agreement.
- Falsely denying that housing is available.
- Using discriminatory language in rental advertisements.
- Refusing to make reasonable accommodations or modifications for individuals with disabilities.
- Retaliating against someone who has filed a fair housing complaint
Colorado also enforces stricter standards than federal law. For instance, the state recognizes additional protected classes beyond the federal list.
Protected class and exemptions under the FHA
Colorado FHA law goes further by adding protections for marital status, creed, ancestry, and sexual orientation. Protected classes under both federal and Colorado law include:
- Race, color, and national origin
- Religion
- Sex and gender identity (which includes transgender status)
- Disability
- Marital Status (whether tenants have children or are pregnant)
- Source of Income
- Veteran or Military Status
Still, not all housing situations fall under these rules. A fair housing act exemption may apply if:
- The landlord lives in a building with four or fewer units.
- Housing is operated by private clubs or religious organizations with limited membership.
Even with exemptions, landlords must remain cautious. Advertising that suggests bias, for example, can still result in a violation.
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Q&A: “Does the FHA apply to private landlords?” Colorado landlord-tenant discrimination laws extend further than federal regulations do. All landlords, regardless of size, should follow all FHA regulations because it protects them from legal risks. |
2025 Updates on Portable Tenant Screening Reports (PTSR) in Colorado
Portable Tenant Screening Reports update on 2025
In 2023, Colorado passed House Bill 23-1099, a major update to tenant screening laws. The bill established the Portable Tenant Screening Report (PTSR) system.
A PTSR is a background check and credit report that tenants can provide to multiple landlords, avoiding repetitive fees. By law, landlords must accept a valid PTSR. Refusing to accept one can be considered a violation of Colorado fair housing laws, since it creates barriers for renters.
Learn more about how PTSRs work in our full guide: Colorado Portable Tenant Screening Report.
Key Fair Housing Laws in Colorado Landlords Must Follow for Tenant Screening
Tenant screening is one of the most common points where landlord-tenant discrimination laws come into play. Landlords must follow three levels of compliance.
Federal Fair Housing Act
The federal FHA sets the baseline. It bans discrimination in housing-related activities nationwide. This includes rental listings, lease terms, evictions, and financing.
Colorado Fair Housing Act
The Colorado Fair Housing Act is the next layer, providing even stronger protection than federal law. As noted, it adds protected classes such as marital status, ancestry, creed, sexual orientation, and source of income.
Colorado applies stricter enforcement and includes more protected categories. For example, a Denver landlord who refuses to rent to someone based on sexual orientation would violate state law even if federal law did not explicitly mention it.
Local Fair Housing Regulations
Beyond federal and state law, many cities and counties, including Denver fair housing, have their own regulations. These can add even more protected classes. For example, cities may prohibit discrimination based on homelessness, student status, or even military status.
Denver fair housing enforcement is known to be proactive, so landlords should stay informed about city-level rules.
The Colorado Civil Rights Division (CCRD) Complaint Process (Step-by-Step)
Step by Step Guide to the Colorado Civil Rights Division (CCRD) Complaint Process
Tenants believing they have been discriminated against can file a complaint with the Colorado Civil Rights Division (CCRD).
As a division of the Department of Regulatory Agencies (DORA), the CCRD enforces state anti-discrimination laws plus civil rights protection. The CCRD receives discrimination complaints about housing, investigates those complaints, and resolves them.
Step 1: File a Complaint
The CCRD accepts complaints about housing discrimination from tenants within a period of one year after the violation. They will offer up information that is detailed about the incident with evidence that supports it.
Step 2: Investigation
An investigator is assigned to the case after the complaint is accepted by the CCRD. In order to gather information, documents, and a formal written response to the accusations, the investigator will get in touch with you, the landlord. Each side has a chance to present witnesses and supporting documentation.
Step 3: Resolution
The CCRD will issue a finding following the conclusion of the investigation. The case is dropped if they conclude there is "no probable cause." The CCRD will offer mediation or refer the matter to a public hearing if it determines that there is "probable cause." Consequences can include fines, monetary damages to the complainant, and a requirement to attend fair housing training.
Evidence from CCRD Reports
In 2023, CCRD reported over 300 housing discrimination complaints:
- 40% disability cases, often involving support animals or accessibility requests.
- 25% source of income, such as refusal to accept Section 8 vouchers.
- 15% familial status, like denying families with children.
Common Landlord Mistakes That Lead to Fair Housing Violations in Colorado
Many violations stem from everyday missteps. Here are some of the most common mistakes:
1. Discriminatory Advertising
Using words like “ideal for singles” or “no children allowed” can violate the familial status fair housing act protections. Banning pets without making an exception for assistance animals is another frequent mistake.
2. Improper Tenant Screening
Rejecting a tenant based on disability or family makeup instead of financial qualifications is a frequent error. For example, requiring a stricter credit check for certain individuals or overlooking a background issue for one applicant but not another.
3. Mishandling Reasonable Accommodation Requests
The refusal to grant disability accommodations such as emotional support animals or bathroom modifications through grab bars will result in severe legal penalties.
Best Practices for Landlords to Stay Compliant
Practical Tips for Landlords to Remain Compliant
To avoid these pitfalls and adhere strictly to landlord-tenant discrimination laws, you should adopt these best practices:
1. Standardize Tenant Screening Criteria
Create a written set of tenant screening criteria and apply it consistently to ALL applicants. This should include minimum credit scores, rental history, and income-to-rent ratios.
2. Keep Records of Rental Decisions
Maintain documentation of tenant applications, communications, and reasons for approval or denial. This helps in case of a CCRD investigation.
3. Provide Fair Housing Training
Fair housing regulations should be learned by leasing staff plus property managers. They should also apply it in the daily operations.
Conclusion
As a safeguard in the interest of equal housing opportunities, the Colorado Fair Housing Act is something more than just a set of rules. Landlords must understand federal, state, and local laws, accept PTSRs, and practice non-discrimination for compliance.
Landlords who are informed protect their rental business through being proactive. Fair treatment toward every tenant can be ensured, and legal risks can be reduced in that way.
FAQs
Q1. What are Colorado fair housing laws?
They are state and local rules that prevent housing discrimination, adding protections beyond the federal FHA.
Q2. Who enforces fair housing laws in Colorado?
The Colorado Civil Rights Division (CCRD) is the state agency that investigates housing discrimination complaints. The U.S. Department of Housing and Urban Development (HUD) enforces the federal Fair Housing Act.
Q3. What is familial status in the Fair Housing Act?
It refers to protections for households with children or pregnant individuals. Denying housing to families with kids is a violation.
Q4. What is fair housing regulation in simple terms?
It’s a law that ensures equal housing opportunities and bans discrimination based on protected traits.