3 Colo. Code Regs. § 708-1-60.4

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 3 CCR 708-1-60.4 - Housing

(A) A refusal or denial of equal terms, conditions, or privileges of housing, or sale, assignment, transfer, rental, sublease, or financing of housing because of the use by the person with the disability of any auxiliary aid and/or assistance animal shall constitute a refusal or denial because of disability and constitute a violation.

(B) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented or made available, or any person associated with that person, has a disability or to make inquiry as to the nature or severity of a disability of such a person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities:

(1) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;

(2) Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability;

(3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability;

(4) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance; and

(5) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance;

(C) Nothing in this Rule requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

3 CCR 708-1-60.4

37 CR 22, November 25, 2014, effective 12/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 04, February 25, 2023, effective 3/30/2023

46 CR 23, December 10, 2023, effective 12/30/2023