Proving Rental Discrimination in Colorado: A Renter’s Guide

Experiencing unfair treatment during the tenant screening process can feel overwhelming, especially if you suspect your rights have been violated. In Colorado, laws protect renters from discrimination based on race, color, national origin, religion, sex, disability, familial status, and other characteristics. Understanding how to recognize and prove discriminatory screening practices is key to ensuring fair access to housing for everyone.

Understanding Discriminatory Screening Practices

Discriminatory screening happens when a landlord or property manager uses information in ways that treat applicants differently because of protected personal traits. Colorado and federal laws forbid landlords from making rental decisions based on:

• Race or ethnicity
• Color
• National origin
• Religion
• Sex (including sexual orientation and gender identity)
• Disability
• Familial status (such as having children under 18)
• Marital status (covered under Colorado law)
• Source of income (including using housing vouchers)

You can learn more from the Colorado Civil Rights Division's Fair Housing page and the HUD Fair Housing Act overview.

Signs of Discriminatory Tenant Screening

Recognizing discrimination is the first step. Common red flags include:

• Different rental requirements for people of different backgrounds
• Refusing to show or rent available units to certain groups
• Unexplained denial after a promising application with positive credit/rental history
• Imposing stricter deposit or rent requirements for some applicants
• Inconsistent application of background or credit checks

How to Prove Discrimination During Screening

If you suspect you’ve faced discrimination, documenting every part of your rental search is essential. Building a strong case requires:

• Record Keeping: Save emails, text messages, and take notes from phone calls, including dates and the content of the conversation.
• Written Applications: Keep copies of all application materials and forms you submit and receive.
• Witnesses: If anyone else observes discriminatory treatment, ask them to write a statement detailing what they saw or heard.
• Comparison Testing: If possible, compare your experience with applicants of a different background applying for the same unit. If they are treated differently, this strengthens your case.
• Documented Justifications: Ask landlords for written reasons if your application is denied or terms are unfavorable.

Relevant Colorado Fair Housing Laws

Colorado’s main law protecting renters from discrimination is the Colorado Fair Housing Act (Colorado Revised Statutes - C.R.S. § 24-34-501 et seq.). This law is enforced alongside the federal Fair Housing Act. Both forbid landlords from using screening practices that discriminate against protected groups.

Official Complaint Process and Forms

Colorado renters can file a formal housing discrimination complaint with the Colorado Civil Rights Division (CCRD). Here’s how:

• CCR Housing Discrimination Intake Packet
  
  • Form name: Housing Discrimination Intake Packet (no formal number)
  • When to use: As soon as you suspect you have been discriminated against during the rental application or screening process.
  • How it’s used: The form asks for details of the incident, parties involved, and supporting evidence. Renters fill it out and submit it to the CCRD by mail, email, or in-person.
    View and download the CCR Housing Discrimination Intake Packet

For comprehensive instructions, visit the CCRD's official complaint filing page.

What Happens After Filing?

The CCRD investigates your complaint, gathers evidence, and may mediate or pursue enforcement actions if a violation is found. Most cases are handled through this tribunal, though renters may also seek help from the federal U.S. Department of Housing and Urban Development (HUD) if their situation crosses state lines or involves federal programs.

Step-by-Step: Filing a Fair Housing Complaint in Colorado

Here’s a brief summary of actions to take if you suspect discriminatory screening:

• Save all communication and documents related to your application.
• Complete the Housing Discrimination Intake Packet from the CCRD.
• Submit the packet with supporting evidence to the CCRD.
• Cooperate with investigators if more information is needed.

1. Can I be denied rental housing because I use a Section 8 voucher in Colorado?
   No. Colorado law prohibits discrimination based on source of income, including housing assistance like Section 8 vouchers.
2. What evidence should I gather to support my discrimination complaint?
   Save written communications, application receipts, denial notices, and request written explanations for any negative decision. Documentation and witness statements are especially helpful.
3. Do I need an attorney to file a discrimination complaint with the CCRD?
   No, you can file a discrimination complaint directly without a lawyer. However, legal advice can be helpful for complex cases.
4. Which agency reviews fair housing complaints for Colorado renters?
   The Colorado Civil Rights Division (CCRD) is the main agency for investigating and enforcing fair housing complaints for renters.
5. Can I file both a state and federal complaint for housing discrimination?
   Yes, you may file complaints with both the CCRD and HUD if your situation involves state and federal fair housing laws.

Need Help? Resources for Renters

• Colorado Civil Rights Division (CCRD) – Handles fair housing investigations and complaints.
• CDLE Fair Housing Resource Center – Offers education and information for tenants and landlords.
• U.S. Department of Housing and Urban Development (HUD) Fair Housing & Equal Opportunity
• Colorado Legal Services – Free or low-cost legal aid for renters facing discrimination or housing issues.

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1. Colorado Fair Housing Act - C.R.S. § 24-34-501 et seq.
2. Federal Fair Housing Act
3. Colorado Civil Rights Division (Residential Tenancies Tribunal)
4. CCR Housing Discrimination Intake Packet

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