Colorado Fair Housing Law: Can Landlords Ask About Criminal History?

Renters in Colorado may wonder what questions a landlord can (and cannot) legally ask during the rental application process, especially regarding criminal history. Recent changes to Colorado law affect how landlords can screen tenants, aiming to balance safety with fair housing protections. Understanding these rules can help you protect your rights and navigate the rental market confidently.

Understanding Colorado's Rules on Criminal Background Checks

In Colorado, state law now limits how and when a landlord can ask about or use your criminal history for screening. The 2021 Rental Application Fairness Act (HB21-1134) and amendments to the Colorado Fair Housing Act set important boundaries for both landlords and renters.^[1] These laws are enforced by the Colorado Civil Rights Division (CCRD).

What Can and Can't Be Asked

• Landlords may not outright deny your application based on arrests or sealed/expunged records.
• They can consider certain criminal convictions, but must give you a chance to explain or provide context.
• Landlords cannot use blanket bans ("no felony convictions ever") unless related to specific property types or offenses.
• Some federal exemptions exist for properties like federally-assisted housing.

Landlords who check criminal history must follow an individualized assessment, considering:

• The nature and seriousness of the offense
• How long ago it occurred
• Evidence of rehabilitation or changed circumstances

What Should Renters Expect During the Application?

When you apply for a rental in Colorado, the landlord must disclose any screening criteria—including whether they run criminal background checks—in writing. If your application is denied due to criminal history, you have the right to request, in writing, a copy of your screening report and the specific reasons for denial.

Relevant Official Form: Colorado Housing Discrimination Complaint

• Form Name: Housing Discrimination Intake Form
• When to use: If you believe a landlord denied you housing or treated you unfairly based on criminal history in violation of fair housing laws, submit this form to the Colorado Civil Rights Division.
• How to use: Complete and submit the form online or by mail. Include as much detail and supporting information as possible.
• File a Housing Discrimination Complaint

How to File a Housing Discrimination Complaint in Colorado

If you feel your application was unfairly rejected due to your criminal record, you have clear rights under state law. The CCRD helps renters address complaints and enforces the Colorado Fair Housing Act.^[2]

1. Contact the Colorado Civil Rights Division.
2. Complete the Housing Discrimination Intake Form.
3. Provide all supporting documents, including written denials or communication.
4. Cooperate with any requests for follow-up information.

The CCRD will investigate and, if appropriate, take enforcement action or help with mediation. You must typically file within one year of the alleged discrimination.

Legislation That Protects Colorado Renters

• Colorado Fair Housing Act outlines key anti-discrimination protections, including recent updates for criminal history screening.
• HB21-1134 Rental Application Fairness Act modernized application screening rules.

For detailed legal wording, see the full text of the Colorado Fair Housing Act.

Frequently Asked Questions

1. Can a landlord in Colorado deny me solely because of my criminal record?
   Landlords must evaluate individual circumstances and cannot use blanket policies. They are prohibited from denying an application based only on arrests or sealed/expunged records.
2. What rights do I have if denied due to criminal history?
   You may request a written reason for the denial and a copy of your background report. If you suspect discrimination, you can file a complaint with the Colorado Civil Rights Division.
3. Where do I file a housing discrimination complaint?
   File with the Colorado Civil Rights Division using their official Housing Discrimination Intake Form.
4. Does the law apply to private landlords as well as property management companies?
   Yes, most Colorado landlords—private individuals and companies—must follow these laws, except certain federally exempted housing providers.
5. How long do I have to file a complaint after discrimination?
   You typically have one year from the date of the alleged discrimination to file a formal complaint.

Key Takeaways for Colorado Renters

• Landlords must follow fair, individualized assessment when considering criminal history.
• You have the right to request reasons for any denial based on a background check.
• The Colorado Civil Rights Division is the official board for filing discrimination complaints.

Knowing your rights about criminal history and rental applications empowers you to secure safe, fair housing.

Need Help? Resources for Renters

• Colorado Civil Rights Division — Complaint intake, investigation, and support
• Housing Discrimination Complaint Form — Official intake for fair housing concerns
• Colorado Tenants’ Rights (Colorado Department of Health Care Policy & Financing) — Renter guidance and resources
• Local legal aid offices may offer free consultations for discrimination cases

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1. See the Colorado Fair Housing Act and HB21-1134 Rental Application Fairness Act for legal details. Colorado Civil Rights Division is the official enforcement board.
2. Complaint submission: How to File a Complaint (CCRD)

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