Fair Housing Protected Classes in Colorado 2026

Source of Income, Section 8 / HCV Status in Colorado

All 13 Protected Classes in Colorado

Federal classes apply uniformly. The classes shaded green below are Colorado-specific additions under Colo. Rev. Stat. § 24-34-502 (Colorado Anti-Discrimination Act).

Recent Colorado Statutory Activity

HB21-1108 added gender expression and HB23-1095 strengthened SOI protection.

If you are a Colorado landlord, the rule that trips up the most owners is simple: you cannot refuse an applicant just because they pay rent with a Section 8 Housing Choice Voucher. Source of income is a protected class statewide here, not just in Denver or Boulder, so "no Section 8" in a listing or a quiet rejection of voucher holders is unlawful discrimination. Lawful subsidies, vouchers, child support, and disability benefits all count as legitimate income you must consider.

That protection lives in Colo. Rev. Stat. § 24-34-502, part of the Colorado Anti-Discrimination Act, and complaints are investigated by the Colorado Civil Rights Division. With average rent around $1,476, vouchers cover a real share of the market, and the state takes voucher refusals seriously. Below, every protected class Colorado adds beyond the federal seven, plus the screening and advertising traps that catch small landlords.

The Statute and Who Enforces It

Colorado fair housing rests on Colo. Rev. Stat. § 24-34-502, the housing provision of the Colorado Anti-Discrimination Act (CADA). It layers the state's protections on top of the federal Fair Housing Act, which covers race, color, national origin, religion, sex, familial status, and disability. CADA reaches nearly every rental in the state, including most owner-managed buildings.

Enforcement runs through the Colorado Civil Rights Division. A tenant or applicant who believes they were rejected for a protected reason can file a charge with the Division, which investigates, attempts conciliation, and can refer matters for formal hearing. A single discriminatory ad or screening policy, not just an outright denial, can trigger a complaint, so the standard is about your practices, not only your stated intent.

The Six Classes Colorado Adds Beyond Federal Law

On top of the seven federal classes, Colorado protects six more under CADA: sexual orientation, gender identity, marital status, ancestry, source of income, and creed. Two of these matter most in day-to-day screening. Source of income means you must treat a Housing Choice Voucher, SSI, child support, and similar lawful funds as valid income. Marital status means you cannot favor married couples over an unmarried pair or a single applicant with the same qualifications.

Ancestry and creed extend protection beyond the federal national-origin and religion categories, reaching a person's lineage and sincerely held beliefs. Because Colorado's list is longer than most states', screening criteria copied from a generic out-of-state lease form will often be too narrow, or outright unlawful, here.

Recent Changes Landlords Should Know

Colorado has expanded these protections in recent sessions. HB21-1108 added gender expression to the state's protected characteristics, making clear that how a person presents their gender is covered, not just their stated identity. More recently, HB23-1095 strengthened source-of-income protection, reinforcing that voucher and subsidy holders cannot be turned away for how they pay.

The practical takeaway is that the trend in Colorado runs toward broader coverage, not narrower. Mirroring federal law alone, the seven FHA classes, leaves you exposed, because Colorado reaches further on gender, identity, and especially income. Owners using older policies or templates should review them against the current state list rather than assuming federal compliance is enough.

Screening and Advertising Traps

The fastest way for a small Colorado landlord to get a complaint is the listing itself. Phrases like "no Section 8," "no vouchers," or "verifiable employment income only" are red flags because they screen out a protected source of income. Income-based criteria are allowed, but they must count the voucher: a common approach is to measure the tenant's required share of rent, not total rent, against your income multiple.

Other traps include steering voucher or LGBTQ applicants toward particular units, asking about marital status or ancestry, or applying stricter standards once a voucher comes up. Apply identical, written screening criteria to every applicant. If a policy would exclude voucher holders in practice, even without naming them, the Colorado Civil Rights Division can still treat it as discrimination.

The Cost of a Fair-Housing Violation

City-Level Eviction Risk in Colorado

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Sources & Methodology

• Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
• Colorado fair-housing statute: Colo. Rev. Stat. § 24-34-502 (Colorado Anti-Discrimination Act).
• Source-of-income classification: Verified against state statute and major local ordinances. Marked "statewide" for Colorado.
• Recent statutory activity: HB21-1108 added gender expression and HB23-1095 strengthened SOI protection.

Related Guides for Colorado Landlords

This overview is based on Colo. Rev. Stat. § 24-34-502 (the Colorado Anti-Discrimination Act), guidance from the Colorado Civil Rights Division, and the federal Fair Housing Act (42 U.S.C. § 3604). Last reviewed June 2026. It is general information for landlords and renters, not legal advice; consult a qualified Colorado attorney or the Colorado Civil Rights Division for guidance on a specific situation.

Frequently Asked Questions

Can a Colorado landlord refuse a Section 8 voucher?

No. Source of income is a protected class statewide under Colo. Rev. Stat. § 24-34-502, so a landlord cannot refuse an applicant simply because they pay rent with a Section 8 Housing Choice Voucher. You may apply consistent income and screening standards, but those standards must count the voucher as valid income, typically by measuring the tenant's own share of the rent rather than the full rent.

How many protected classes does Colorado have?

Colorado recognizes the seven federal Fair Housing Act classes (race, color, national origin, religion, sex, familial status, and disability) plus six more under state law: sexual orientation, gender identity, marital status, ancestry, source of income, and creed. That makes thirteen categories that landlords must not discriminate against, a broader list than federal law alone provides.

Are sexual orientation and gender identity protected in Colorado?

Yes. Both sexual orientation and gender identity are protected classes under the Colorado Anti-Discrimination Act, and HB21-1108 added gender expression as well. These also align with HUD's post-Bostock reading of the federal ban on sex discrimination, which covers sexual orientation and gender identity, so LGBTQ applicants are protected under both state and federal fair housing law in Colorado.

How is fair housing enforced in Colorado, and what are the penalties?

Complaints are investigated by the Colorado Civil Rights Division, which can pursue conciliation or refer matters to a formal hearing under Colo. Rev. Stat. § 24-34-502. Landlords who discriminate can face state remedies as well as federal civil penalties and damages where the federal Fair Housing Act applies. Because a single discriminatory ad or screening rule can trigger a charge, prevention through consistent, written criteria is the safest course.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: Colo. Rev. Stat. § 24-34-502 (Colorado Anti-Discrimination Act). Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Colorado attorney before making a screening, denial, or eviction decision.