2022 Colorado Code
Title 24 - Government - State
Article 34 - Department of Regulatory Agencies
Part 5 - Housing Practices
§ 24-34-501. Definitions

As used in this part 5, unless the context otherwise requires:

1. "Aggrieved person" means any person who claims to have been injured by a discriminatory housing practice or believes that he will be injured by a discriminatory housing practice that is about to occur.
   1. (1.3) (a) "Disability" means a physical impairment which substantially limits one or more of a person's major life activities and includes a record of such an impairment and being regarded as having such an impairment.
   2. 1. On and after July 1, 1990, as to this part 5, "disability" also includes a person who has a mental impairment, but the term does not include any person currently involved in the illegal use of a controlled substance or a substance use disorder with respect to a controlled substance.
      2. The term "mental impairment" as used in subsection (1.3)(b)(I) of this section means any behavioral, mental, or psychological disorder, such as an intellectual and developmental disability, organic brain syndrome, behavioral or mental health disorder, or specific learning disability.

   (1.5) "Discriminate" includes both segregate and separate.

   (1.6) "Familial status" means one or more individuals, who have not attained eighteen years of age, being domiciled with a parent or another person having legal custody of or parental responsibilities for such individual or individuals or the designee of such parent or other persons having such custody or parental responsibilities with the written permission of such parent or other person. Familial status shall apply to any person who is pregnant or is in the process of securing legal custody or parental responsibilities of any individual who has not attained eighteen years of age.

2. "Housing" means any building, structure, vacant land, or part thereof offered for sale, lease, rent, or transfer of ownership.
3. "Person" has the meaning ascribed to such term in section 24-34-301 (5) and includes any owner, lessee, proprietor, manager, employee, or any agent of a person; but, for purposes of this part 5, "person" does not include any private club not open to the public that, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, unless the club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry.
4. "Restrictive covenant" means any specification limiting the transfer, rental, or lease of any housing because of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, or limiting the rental or lease of any housing because of source of income.

   (4.5) "Source of income" means any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including:

   1. Income derived from any lawful profession or occupation; and
   2. Income or rental payments derived from any government or private assistance, grant, or loan program.

5. "Transfer", as used in this part 5, shall not apply to transfer of property by will or by gift.
6. "Unfair housing practices" means those practices specified in section 24-34-502.

Source: L. 79: Entire part R&RE, p. 932, § 3, effective July 1. L. 90: (1) R&RE, (1.5) and (1.6) added, and (3) and (4) amended, pp. 1224, 1225, §§ 2, 4, effective April 16. L. 92: (2) and (3) amended, p. 1121, § 3, effective July 1. L. 93: (3) and (4) amended, p. 1658, § 62, effective July 1. L. 98: (1.6) amended, p. 1411, § 77, effective February 1, 1999. L. 2008: (3) and (4) amended, p. 1594, § 4, effective May 29. L. 2014: (1.3) added, (SB 14-118), ch. 250, p. 976, § 3, effective August 6. L. 2017: (1.3)(b)(II) amended, (SB 17-242), ch. 263, p. 1321, § 179, effective May 25. L. 2018: (1.3)(b)(I) amended, (SB 18-091), ch. 35, p. 386, § 20, effective August 8. L. 2020: (4) amended and (4.5) added, (HB 20-1332), ch. 298, p. 1480, § 1, effective January 1, 2021. L. 2021: (3) and (4) amended, (HB 21-1108), ch. 156, p. 886, § 5, effective September 7; (2) amended, (SB 21-173), ch. 349, p. 2271, § 15, effective October 1.

Cross references: (1) For additional definitions applicable to this part 5, see § 24-34-301.

(2) For the legislative declaration contained in the 2008 act amending subsections (3) and (4), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.

(3) For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.