A Colorado condominium association's board adopts a rule prohibiting rentals to unmarried couples, citing community standards. A prospective tenant who is in a domestic partnership (same-sex) is denied a rental on this basis. The tenant files a complaint with the Colorado Civil Rights Division. Which of the following BEST describes the legal analysis under CADA?
Correct Answer
A) The HOA rule violates CADA on two independent grounds: marital status and sexual orientation are both protected classes under Colorado law.
Under CADA, C.R.S. § 24-34-502, both marital status and sexual orientation are protected classes in housing. The HOA rule prohibiting rentals to unmarried couples discriminates based on marital status (the couple is not married). The denial of a same-sex domestic partnership additionally implicates sexual orientation as a protected class. Colorado's CADA applies to housing including condominium associations, and the rule violates CADA on both grounds independently. The tenant has a strong CADA claim.
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Related Topics & Key Terms
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Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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