§ 24-34-505.6 — Enforcement by private persons

Colorado § 24-34-505.6

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

Text

(1) Notwithstanding any
provision of this article to the contrary, an aggrieved person may commence a civil
action in an appropriate United States district court or state district court not later
than two years after the occurrence or the termination of an alleged discriminatory
housing practice or the breach of a conciliation agreement entered into under this
title, whichever occurs last, to obtain appropriate relief with respect to such
discriminatory housing practice or breach.

(2) The computation of such two-year period shall not include any time
during which an administrative proceeding under this title was pending with respect
to a complaint or charge under this title based upon such discriminatory housing
practice. This subsection (2) does not apply to actions arising from a breach of a
conciliation agreement.

(3) Notwithstanding any provision of this article to the contrary, an aggrieved
person may commence a civil action under this section whether or not a charge has
been filed under section 24-34-306 and without regard to the status of any such
charge, but if the director or local agency has obtained a conciliation agreement
with the consent of an aggrieved person, no action may be filed under this section
by such aggrieved person with respect to the alleged discriminatory housing
practice which forms the basis for such charge except for the purpose of enforcing
the terms of such an agreement.

(4) An aggrieved person may not commence a civil action under this section
with respect to an alleged discriminatory housing practice which forms the basis of
a complaint issued by the commission if an administrative law judge has
commenced a hearing on the record under this title with respect to such complaint.

(5) At the request of the aggrieved person, the court may appoint an
attorney in accordance with section 24-34-307 (9.5).

(6) In addition to the relief that may be granted in accordance with section
24-34-508, the following relief is available:

(a) If the court finds that a discriminatory housing practice has occurred or is
about to occur, the court may award to the plaintiff actual and punitive damages or
may grant as relief, as the court deems appropriate, any permanent or temporary
injunction, temporary restraining order, or other order, including an order enjoining
the defendant from engaging in such practice or ordering such affirmative action as
may be appropriate. If the court awards damages to a plaintiff as described in this
subsection (6)(a), and the court finds that the defendant violated section 24-34-502
(1)(h), (1)(l), (1)(m), (1)(n), (1)(o), (1)(p), or (1)(r) and that the violation concerns
discrimination on the basis of an individual's use of a housing subsidy, as defined in
section 38-12-902 (1.7), the court shall award to the plaintiff at least five thousand
dollars in damages.

(b) The court, in its discretion, may allow the prevailing party reasonable
attorney fees and costs.

(c) Relief granted under this section shall not affect any contract, sale,
encumbrance, or lease consummated before the granting of such relief and
involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of
the filing of a charge with the commission or a civil action under this section.

(7) Repealed.

(8) A calculation of actual damages pursuant to this section must include
consideration of losses that a tenant may incur as a result of the tenant forfeiting
their housing subsidy as a result of the landlord discriminating against the tenant
based on the tenant's source or amount of income.

Legislative History

Source: L. 90: Entire section added, p. 1230, � 10, effective April 16; (7) added by revision, pp. 1230, 1232, �� 10, 12. L. 92: (1), (3), and (4) amended, p. 1127, � 10, effective July 1. L. 93: (7) repealed, p. 1785, � 60, effective June 6. L. 95: IP(6) amended, p. 1104, � 39, effective May 31. L. 2025: IP(6) and (6)(a) amended and (8) added, (HB 25-1240), ch. 291, p. 1496, � 5, effective May 29.