DORA: New Requirements for Landlords and Property Managers on January 1, 2021
On Nov. 16, 2020, DORA issued the following release regarding House Bill 20-1332, Concerning Prohibitions on Discrimination in Housing Based on Source of Income, and, in Connection Therewith, Making an Appropriation
This bill amends unfair housing practices that are prohibited in §24-34-501 and 502, C.R.S., by adding discrimination based on source of income as a type of unfair housing practice. It is important for landlords and property managers to be aware of this new law.
“Source of Income” is now defined in the Act to mean any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession occupation, and income or rental payments from any government or private assistance, grant, or loan program.
Pursuant to the Act, on or after January 1, 2021, it shall be an unfair housing practice and one is prohibited from:
- Refusing to rent, lease, show for rent or lease, or transmit an offer to rent or lease, or to otherwise make unavailable or deny or withhold any housing for rent or lease based on a person’s source of income.
- Discriminating in the terms, conditions or privileges of a rental agreement against another person based on source of income, or based upon the person’s participation in a 3rd-party contract required as a condition of receiving public housing assistance.
- Advertising for the rent or lease of housing any limitation or preference based on source of income; or to use representations related to a person’s source of income that housing is not available when it is, or to induce another person to rent or lease property in a neighborhood based on particular sources of income.
A landlord is not prohibited from checking the credit of prospective tenants. Checking the credit of a prospective tenant is not an unfair housing practice if the landlord checks the credit of every prospective tenant.
These prohibitions do not apply to a landlord with 3 or fewer rental units. Also, a landlord that owns 5 or fewer single family rental homes, and no more than 5 total rental units including any single family homes, is not required to accept federal housing choice vouchers for any of those 5 single family homes as an acceptable source of income.