Kai Rivers
In Colorado, landlords are not legally prohibited from denying housing to felons. However, they must ensure that their decisions are not based on factors such as race, religion, family background, ethnicity, gender, or sexual orientation, as that would constitute illegal discrimination. Landlords have a duty to provide safe and habitable premises for their tenants, and they may be held liable if they fail to exercise reasonable caution in screening applicants with criminal histories who may pose a danger to other tenants. Colorado law also prohibits landlords from inquiring about or considering arrest records or sealed criminal justice records when evaluating rental applications. While finding housing as a felon in Colorado can be challenging, there are resources and organizations dedicated to assisting individuals in their search for felon-friendly accommodations.
| Characteristics | Values |
|---|---|
| Is it illegal to deny housing to felons in Colorado? | No, it is not illegal to deny housing to felons in Colorado, as long as the landlord does not base their decision on the felon's race, religion, family background, ethnicity, gender, or sexual orientation. |
| What are protected characteristics in Colorado? | Landlords may not deny housing based on a tenant's race, origin, religion, gender, age, disability, or family status. |
| What are "legal" forms of discrimination? | "Legal" discrimination occurs when every felon applicant is treated the same. For example, a landlord who turns down all felon applicants, regardless of race, would not be discriminating arbitrarily. |
| Are there any restrictions on landlords denying housing to felons? | Yes, landlords may be found guilty of arbitrary discrimination if they treat felon applicants differently based on protected characteristics such as race or ethnicity. |
| Are there any resources for finding felon-friendly housing in Colorado? | Resources include the Department of Human Services in Denver and surrounding counties, religious leaders, attorneys, social counselors, and organizations like Felony Record Hub. |
| Are there any restrictions on background checks for felony charges? | Colorado law limits background checks for felony charges to the past five years, except for serious charges. |
| Are there any laws regarding the use of criminal records in housing decisions? | Yes, the Colorado General Assembly has passed laws prohibiting landlords from inquiring about or taking adverse actions based on arrest records or sealed/expunged criminal justice records. |
| Are there any requirements for landlords to provide records when denying a rental application? | Yes, landlords must provide applicants with access to the records used as the basis for denying their rental application. |
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What You'll Learn
- Landlords can turn down felons in Colorado, but not on the basis of race, religion, family background, ethnicity, gender, or sexual orientation
- Landlords must provide safe and habitable premises for tenants
- Landlords cannot require applicants to disclose sealed criminal records
- Landlords must provide applicants with access to records used to deny their rental application
- Blanket bans on renting to anyone with a criminal record violate the Fair Housing Act
Landlords can turn down felons in Colorado, but not on the basis of race, religion, family background, ethnicity, gender, or sexual orientation
In Colorado, landlords can turn down rental applications from felons, but they must not do so on the basis of race, religion, family background, ethnicity, gender, or sexual orientation. This is because, in the US criminal justice system, there are racial disparities, which means that blanket bans on renting to felons can violate the Fair Housing Act by disproportionately affecting Black or Hispanic applicants.
Colorado landlords are required to treat all felon applicants the same way. For example, a landlord who turns down the application of a Hispanic felon but accepts a Caucasian felon for the same property could be sued for discrimination. Landlords must also provide safe and habitable premises for their tenants, so they may be in jeopardy of violating their duty to maintain a safe environment if they fail to exercise reasonable caution in screening convicted felons who may be a danger to other tenants.
In Colorado, landlords are prohibited from denying or terminating accommodations based on arrest records or certain conviction records. They are also prohibited from requiring applicants to disclose any information contained in sealed criminal records. However, landlords can deny a rental application if the applicant has a criminal history that affects the landlord's community, such as the production or distribution of illegal drugs.
Finding housing for felons in Colorado can be challenging, but there are some resources available, such as the department of human services in Denver and the surrounding counties, which may have "felony background, rent-friendly" places. Additionally, some landlords may be more inclined to rent to felons if they are honest about their criminal history upfront.
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Landlords must provide safe and habitable premises for tenants
Landlords in Colorado are required by law to provide safe and habitable properties that comply with state and local regulations. This means that landlords must ensure that their rental properties are fit for human habitation and do not pose any health or safety risks to tenants.
The Warranty of Habitability law in Colorado, which took effect on May 3, 2024, applies to all residential leases and outlines the procedures that landlords and tenants must follow when a tenant claims lack of habitability. This law gives tenants the right to send a written notice of repair when they consider it appropriate, and landlords have up to 24 hours to address the issue. If the issue materially interferes with the tenant's life, health, or safety, landlords must take remedial action within 24 hours. In cases of uninhabitable premises, landlords have 96 hours to resolve the issue, provided the tenant has given permission for the landlord or their authorized agent to enter the residential premises.
The definition of "uninhabitable" includes premises that are unfit for human habitation or have conditions that materially interfere with the tenant's life, health, or safety. For example, if there is mold associated with dampness or any other condition causing the premises to be damp, landlords must take immediate action to mitigate the risk and execute remedial actions to remove the health risk posed by mold. Landlords who fail to address these issues within the specified timelines may be subject to sanctions for renting uninhabitable homes.
It is important to note that Colorado law prohibits landlords from retaliating against tenants who report unsafe conditions, request repairs, or exercise their right to safe and healthy housing. Additionally, under the Fair Housing Act, landlords cannot implement blanket bans on renting to individuals with a criminal history, as this could have a discriminatory impact on racial and ethnic minorities due to racial disparities in the criminal justice system. Landlords are also prohibited from requiring applicants to disclose information contained in sealed criminal records.
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Landlords cannot require applicants to disclose sealed criminal records
In Colorado, landlords cannot require applicants to disclose sealed criminal records. This is outlined in Section 3 of the bill concerning the use of criminal records with respect to housing. The bill also makes it an unfair housing practice to inquire about or take adverse action based on sealed criminal justice records.
Sealing a criminal record can help individuals secure housing by removing past convictions from public view. In Colorado, sealed records are no longer available to the public, including potential employers and landlords. However, they remain accessible to law enforcement and may be available to the court if the individual is accused of another offense.
The process of sealing or expunging a criminal record can vary depending on the type of offense and its outcome. In Colorado, expungement is only available in limited circumstances, primarily involving juvenile offenses and some underage alcohol or marijuana charges. On the other hand, record sealing is a more accessible option for adults, allowing for the removal of certain arrests, dismissals, and convictions from public view.
It is important to note that while landlords cannot require applicants to disclose sealed criminal records, they may still consider other factors when evaluating rental applications. Additionally, Colorado law prohibits housing authorities from denying or terminating dwelling accommodations based solely on arrest records or certain conviction records. Furthermore, landlords are required to provide applicants with access to the records used as the basis for denying a rental application. While landlords can deny housing based on criminal history, blanket bans on renting to anyone with a criminal record can violate the Fair Housing Act.
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Landlords must provide applicants with access to records used to deny their rental application
In Colorado, landlords must follow the Fair Housing Act guidelines when conducting criminal background checks on prospective tenants. This includes avoiding blanket policies for denying applicants with criminal convictions and instead assessing each applicant's criminal history on a case-by-case basis. Landlords can only deny an application if the applicant poses a risk to the safety of other residents or the property.
Colorado landlords are also subject to the federal Fair Credit Reporting Act (FCRA), which outlines their responsibilities in protecting tenant credit information. Landlords may not share this information without a legal reason and must notify applicants if their credit score or history was the reason for their denial.
Additionally, Colorado law requires landlords to provide applicants with access to records used to deny their rental application. This includes providing a written notice stating the reason for the denial and, if applicable, a copy of a report from a screening company. Landlords must make a good-faith effort to provide this notice within 20 calendar days of deciding to deny the application.
It is important to note that Colorado law prohibits landlords from considering arrest records or convictions that occurred more than five years ago, except for certain types of convictions, such as those related to illegal drug distribution or registered sex offender status. Landlords are also prohibited from requiring applicants to disclose information contained in sealed criminal records.
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Blanket bans on renting to anyone with a criminal record violate the Fair Housing Act
In Colorado, landlords cannot deny housing to applicants based on arrest records or certain conviction records. However, this does not include convictions for the manufacture and distribution of illegal controlled substances, or for selling or producing methamphetamine in government buildings. In these cases, landlords can legally deny housing without violating the Fair Housing Act.
The U.S. Department of Housing and Urban Development (HUD) issued guidance in 2016 stating that blanket bans on renting to anyone with a criminal record violate the Fair Housing Act. This is due to the racial disparities in the criminal justice system, which result in such bans having a greater impact on Black and Hispanic applicants. HUD's guidance notes that landlords must consider the nature and severity of the crime and the amount of time that has passed since the conviction.
According to case law from 2015, "A housing provider violates the Fair Housing Act when the provider's policy or practice has an unjustified discriminatory effect, even when the provider had no intent to discriminate." This means that even if a landlord does not intend to discriminate based on race or ethnicity, a blanket ban on renting to anyone with a criminal record could still violate the Fair Housing Act if it has a discriminatory effect on these protected classes.
Additionally, a "blanket ban" policy completely bans or disqualifies someone from housing with no exceptions, which has been deemed a violation of federal law by HUD. More focused policies, such as bans on individuals with specific types of criminal convictions, may also violate federal law if they do not serve a legitimate purpose or interest.
Fair housing laws prohibit landlords from applying overly broad bans on those with criminal convictions, as these bans are likely to discriminate against minorities. While criminal history may be grounds for refusing to rent to an individual, landlords must consider the specific facts of each case, including the type and severity of the offense and how long ago it occurred.
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Frequently asked questions
No, landlords in Colorado do not have to rent to a felon. However, landlords must not base their decision on the applicant's race, religion, family background, ethnicity, gender, or sexual orientation. Landlords must also provide safe and livable premises for tenants, so they may be liable if they fail to exercise reasonable caution in screening convicted felons who may be a danger to other tenants.
There are some options for felon-friendly housing in Colorado, including single-occupancy housing or small apartment communities. Some sources suggest looking for rentals on Craigslist or reaching out to the department of human services in Denver and the surrounding counties.
Landlords in Colorado cannot inquire about or take adverse action based on arrest records or sealed or expunged criminal justice records. However, they can deny a rental application if the applicant has a criminal history that affects the landlord's community.
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