Fair Housing Act Complaint - Colorado

COLORADO FAIR HOUSING ACT COMPLAINT

1. CAPTION

DISTRICT COURT, [____________________] COUNTY, COLORADO

CASE NO. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Colorado Fair Housing Act (C.R.S. § 24-34-501 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (C.R.S. § 24-34-502.2; 42 U.S.C. § 3604(f)).

DEMAND FOR JURY TRIAL

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Colorado, and an "aggrieved person" within the meaning of C.R.S. § 24-34-501(1).

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the housing at issue and is a "person" within the meaning of C.R.S. § 24-34-501(3).

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Doe Defendants. Plaintiff is unaware of the true names and capacities of Defendants sued as Does 1 through 10 and will amend this Complaint when ascertained.

2.5. Subject property. The housing at issue is located at [PROPERTY ADDRESS] (the "Property") and is "housing" within the meaning of C.R.S. § 24-34-501(2).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Article VI, § 9 of the Colorado Constitution and the Colorado Fair Housing Act.

3.2. This Court has concurrent jurisdiction over the federal claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under C.R.C.P. 98 because the Property is located in this County and the discriminatory acts occurred here.

3.4. Timeliness. This action is filed within the applicable limitations period. The federal Count is filed within two (2) years of the discriminatory act under 42 U.S.C. § 3613(a).

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by the Colorado Fair Housing Act. C.R.S. § 24-34-502 prohibits unfair housing practices because of disability, race, creed, color, religion, sex, sexual orientation (statutorily including gender identity/expression), marital status, familial status, national origin, ancestry, source of income, and veteran or military status.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., source of income (Housing Choice Voucher/Section 8), disability (________), sexual orientation/gender identity, race (________), marital status, familial status, veteran/military status].

4.4. Defendant engaged in one or more of the following discriminatory housing practices (C.R.S. § 24-34-502):

☐ Refusal to rent or sell, or making housing unavailable
☐ Applying unequal terms or conditions of sale or rental
☐ Discriminatory advertising indicating a preference or limitation based on protected class
☐ Misrepresenting that a dwelling is unavailable when it is in fact available
☐ Steering toward or away from a neighborhood based on protected class
☐ Redlining or discrimination in financial assistance
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability)
☐ Refusal to permit a reasonable modification of the premises (disability) (C.R.S. § 24-34-502.2)
☐ Intimidation, threats, coercion, or harassment
☐ Retaliation against a person engaging in protected activity
☐ Source-of-income discrimination — refusing to rent, lease, show, or transmit an offer based on a lawful source of income (effective Jan. 1, 2021)
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of C.R.S. § 24-34-501(1.3), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — COLORADO FAIR HOUSING ACT (C.R.S. § 24-34-501 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unfair housing practices prohibited by C.R.S. § 24-34-502 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect.

5.4. Plaintiff is an aggrieved person entitled to relief under C.R.S. § 24-34-508, including actual damages, injunctive and equitable relief, civil penalties, reimbursement of fees and alternate-housing expenses, and attorney fees and costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under C.R.S. § 24-34-501(1.3) and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of C.R.S. §§ 24-34-502 and 24-34-502.2 and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual damages, injunctive relief (including an order compelling the accommodation/modification), civil penalties, and attorney fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, storage and moving charges, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial (C.R.S. § 24-34-508(1)(d)-(e)).

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: under the federal FHA, Defendant's malicious or reckless conduct warrants punitive damages under 42 U.S.C. § 3613(c)(1).

8.4. Civil penalties: up to $10,000 (no prior violation), $25,000 (prior violation within 5 years), or $50,000 (two or more within 7 years) under C.R.S. § 24-34-508(1)(f).

8.5. Attorney fees and costs: under C.R.S. § 24-34-505.6 / § 24-34-508 and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive/exemplary damages as authorized by law;
• D. For a declaration that Defendants' conduct violated the Colorado and federal Fair Housing Acts;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For civil penalties as authorized by C.R.S. § 24-34-508;
• G. For reasonable attorney fees and costs under C.R.S. § 24-34-508 and 42 U.S.C. § 3613(c);
• H. For pre- and post-judgment interest; and
• I. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to C.R.C.P. 38 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Colorado that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [CITY], Colorado.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Colorado Atty. Reg. No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service / mail / electronic service per C.R.C.P. 5]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. COLORADO PRACTICE NOTES

• Enforcing agency. The Colorado Civil Rights Division (CCRD) investigates housing-discrimination charges, and the Colorado Civil Rights Commission adjudicates. Colorado was the first state to enact statewide fair-housing law (1959).
• Protected classes (broader than federal). C.R.S. § 24-34-502: disability, race, creed, color, religion, sex, sexual orientation (statutorily defined to include transgender status / gender identity), marital status, familial status, national origin, ancestry, source of income, and veteran or military status. Source of income became protected effective Jan. 1, 2021 (HB20-1332); veteran/military status effective Aug. 10, 2022 (HB22-1102).
• Administrative charge vs. court route. Colorado's fair-housing scheme is primarily administrative: a charge must be filed with the CCRD under C.R.S. § 24-34-306 within one (1) year of the alleged unfair housing practice. The Commission can order actual damages, equitable relief, and civil penalties (§ 24-34-508). A complainant who exhausts the administrative process (or who proceeds under the federal FHA) may reach court; confirm the current direct-private-action vehicle and limitations period before relying on a direct state-court suit.
• Limitations periods.
• State administrative charge to CCRD: 1 year (C.R.S. § 24-34-306).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. C.R.S. § 24-34-508 authorizes actual damages, reimbursement of fees and alternate-housing/storage/moving expenses, injunctive and equitable relief, and civil penalties up to $10,000 / $25,000 / $50,000 depending on prior violations. Punitive damages are most readily available via the parallel federal FHA count (42 U.S.C. § 3613(c)) and/or C.R.S. § 13-21-102 exemplary damages.
• 2024-2025 amendments. HB24-1318 strengthened reasonable-modification protections (C.R.S. § 24-34-502.2); HB25-1240 amended § 24-34-508 civil-penalty provisions effective May 29, 2025. Verify current statutory text.
• Removal exposure. The federal count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441.

15. SOURCES AND REFERENCES

• C.R.S. § 24-34-501 (definitions; source of income; veteran/military status) — https://law.justia.com/codes/colorado/title-24/principal-departments/article-34/part-5/section-24-34-501/
• C.R.S. § 24-34-502 (unfair housing practices; protected classes) — https://ccrd.colorado.gov/housing-discrimination
• C.R.S. § 24-34-508 (relief; civil penalties) — https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-34-508/
• Colorado Civil Rights Division — Housing Discrimination — https://ccrd.colorado.gov/housing-discrimination
• HB20-1332 (source of income) — https://leg.colorado.gov/bills/hb20-1332
• HB22-1102 (veteran or military status) — https://leg.colorado.gov/bills/hb22-1102
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado must review and customize this document before filing. Verify all statutory citations and court rules before use.