Colorado § 24-34-505.6 - Enforcement by private persons.

§ 24-34-505.6. Enforcement by private persons.

(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.

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.

Cross references: For the legislative declaration in HB 25-1240, see section 1 of chapter 291, Session Laws of Colorado 2025.