Fair Housing Act Complaint - Colorado

COLORADO FAIR HOUSING ACT COMPLAINT

1. CAPTION

File JDF 601, District Court Civil (CV) Case Cover Sheet, with this Complaint and serve the cover sheet with the Complaint. Complete its caption and case-type selections on the current court form.

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, gender identity, gender 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 bringing this direct civil action under C.R.S. § 24-34-505.6 and seeks the court remedies authorized there, including actual and punitive damages, appropriate injunctive or other equitable relief, and discretionary attorney fees and costs. Section 24-34-508 separately states relief the Commission may order and is incorporated only to the extent section 24-34-505.6 makes that relief available in court.

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). If a discriminatory housing practice is found, the court may award actual and punitive damages and appropriate injunctive or other relief under 42 U.S.C. § 3613(c)(1); the court may, in its discretion, allow the prevailing party reasonable attorney fees and costs under § 3613(c)(2).

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 seeks the court remedies authorized by C.R.S. §§ 24-34-505.6 and 24-34-802, as applicable to the pleaded violation, including actual damages, appropriate injunctive relief, and attorney fees and costs. Do not plead an administrative civil penalty as an automatic private-court remedy.

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 proven harm under C.R.S. § 24-34-505.6(6)(a) and 42 U.S.C. § 3613(c).

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. Colorado penalty / minimum-damages gate: C.R.S. § 24-34-508(1)(f) places the tiered civil-penalty authority in the Commission remedy section. Plead a private statutory amount only when the facts and current court-remedy provisions expressly authorize it, including the current housing-subsidy provisions where applicable.

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 as supported by the pleaded claims, applicable law, and proof, 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 any statutory minimum, fine, or penalty expressly available to this private plaintiff on the pleaded facts;
• G. For reasonable attorney fees and costs under C.R.S. § 24-34-505.6(6)(b), C.R.S. § 24-34-802(3) where applicable, and 42 U.S.C. § 3613(c)(2);
• 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, subject to timely filing, service, and payment of the requisite jury fee.

11. VERIFICATION

I, [PLAINTIFF NAME], am the Plaintiff and have read the foregoing Complaint. I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

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. SERVICE OF ORIGINAL PROCESS AND PROOF

Arrange service of the summons and Complaint under C.R.C.P. 4. The plaintiff cannot personally serve the papers; use the sheriff, a private process server, or a nonparty adult as permitted by the rule. A defendant may agree to receive the papers by mail and sign a waiver and acceptance of service; file the signed waiver. Ordinary mail or electronic service under C.R.C.P. 5 applies to later filings and does not replace original service.

Defendant served: [NAME] Date and time: [__________] Place: [__________]

Method and person receiving service: [DESCRIBE]

Documents served: Summons and Complaint

Server: [NAME AND CONTACT INFORMATION]

File the server's affidavit or return of service with the court. If service was accepted by waiver, file the signed waiver instead.

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 separately lists disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, 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. C.R.S. § 24-34-505.6 permits an aggrieved person to bring a direct state- or federal-district-court action within two years, whether or not a charge was filed and without waiting for exhaustion, subject to its conciliation and commenced-hearing limits. A separate administrative charge under C.R.S. §§ 24-34-504 and 24-34-306 generally has a one-year filing period.
• Limitations periods.
• State direct civil action: 2 years, excluding time a related administrative proceeding was pending (C.R.S. § 24-34-505.6(1)-(2)).
• State administrative charge to CCRD: 1 year (C.R.S. §§ 24-34-504, 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)).
• Court vs. Commission remedies. Section 24-34-505.6(6) authorizes a court to award actual and punitive damages, injunctions/orders, and discretionary fees and costs. Section 24-34-508 states Commission relief, including tiered civil penalties; do not copy those administrative tiers into a private prayer without an express court-remedy basis.
• 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

• Official 2025 Colorado Revised Statutes, Title 24 (including §§ 24-34-501, -502, -502.2, -504, -505.6, -508, and -802) — https://olls.info/crs/crs2025-title-24.htm
• 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.