§ 24-34-504 — Time limits on filing of charges

Colorado § 24-34-504

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Regulatory Agencies

Text

(1) Any charge alleging a
violation of this part 5 shall be filed with the commission pursuant to section 24-34-306 within one year after the alleged unfair housing practice occurred, or it shall be
barred.

(2) A civil action filed by the attorney general under this section shall be
commenced not later than eighteen months after the date of the occurrence or the
termination of the alleged discriminatory housing practice.

(3) The director, not later than ten days after filing or identifying additional
respondents, shall serve on the respondent a notice identifying the alleged
discriminatory housing practice and advising such respondent of the procedural
rights and obligations of respondents under this part 5, together with a copy of the
original charge.

(4) The director shall commence an investigation of any charge filed
pursuant to subsection (1) of this section within thirty days of such filing. Within one
hundred days after the filing of the charge, the director shall determine, based on
the facts, whether probable cause exists to believe that a discriminatory housing
practice has occurred or is about to occur, unless it is impracticable to do so or the
director has approved a conciliation agreement with respect to the charge. If the
director is unable to complete the investigation within one hundred days after the
filing of the charge, the director shall notify the parties of the reasons for not doing
so.

(4.1) After a determination by the director that probable cause exists to
believe that a discriminatory housing practice has occurred or is about to occur, the
commission shall issue a notice and complaint as provided in section 24-34-306 (4).
After such notice and complaint is issued by the commission, the complainant,
respondent, or any aggrieved person on whose behalf the charge was filed may
elect to have the claims asserted in the charge decided in a civil action in lieu of an
administrative hearing. Such election shall be made in writing within twenty days
after receipt of the notice and complaint issued by the commission. The commission
shall provide notice of the election to all other parties to whom the notice and
complaint relates.

(4.2) If all parties agree to have the charges decided in an administrative
hearing, the commission shall hold a hearing as provided in section 24-34-306. If
any party elects a civil action, the commission shall authorize the attorney general
to commence and maintain a civil action in the appropriate state district court to
obtain relief with respect to the discriminatory housing practice or practices
alleged in the notice and complaint.

(4.3) Final administrative disposition of a charge filed pursuant to this
section shall be made within one year of the date the charge was filed, unless it is
impractical to do so. If the commission is unable to do so, the commission shall
notify the complainant and the respondent, in writing, of the reasons that such
disposition is impractical.

(5) Repealed.

Legislative History

Source: L. 79: Entire part R&RE, p. 934, � 3, effective July 1. L. 90: Entire section amended, p. 1229, � 9, effective April 16; (5) added by revision, pp. 1229, 1232, �� 9, 12. L. 92: (4) amended and (4.1), (4.2), and (4.3) added, p. 1124, � 6, effective July 1. L. 93: (5) repealed, p. 1785, � 58, effective June 6.