Fair HousingIntermediateColorado Exam

In Colorado, which of the following is a lawful reason for a landlord to deny a rental application?

AA. The applicant is of Eastern European descent, though the precise application can differ somewhat from one county to the next
BB. The applicant has a history of prior evictions within the past 3 years that meets the landlord's written screening criteriaCorrect
CC. The applicant is a recovering drug addict
DD. The applicant uses a wheelchair

Why B. The applicant has a history of prior evictions within the past 3 years that meets the landlord's written screening criteria Is Correct

Answer B: B. The applicant has a history of prior evictions within the past 3 years that meets the landlord's written screening criteria

Under the federal Fair Housing Act, 42 U.S.C. 3604, it is unlawful to discriminate in rental terms or conditions because of race, color, religion, sex, familial status, national origin or handicap (disability). A neutral, consistently applied screening rule, such as a written policy on prior evictions, is not itself discrimination against a protected class. Denying someone because of national origin or because they use a wheelchair is unlawful. The Act's definition of handicap (42 U.S.C. 3602(h)) excludes only current illegal use of or addiction to a controlled substance, so a person in recovery is not excluded.

Source: 42 U.S.C. 3604 and 3602(h) (Cornell LII)

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

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