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EspañolWho is protected by these housing laws?
Colorado has housing laws that protect victims of:
1 Colo. Rev. Stat. § 38-12-401
What is the definition of domestic violence?
For the purposes of Colorado’s housing laws, domestic violence is also known as intimate partner violence.1 This means that someone you have had or currently have an intimate relationship with has done either of the following against you:
- a pattern of violent behavior; or
- any act, attempted act, or threatened act of violence, stalking, harassment, or coercion.1
An intimate relationship is one between:
- current or former spouses
- current or former unmarried couples; or
- parents who share a child.2
A sexual relationship may indicate that you have an intimate relationship with the abuser, but it is not necessary.1
Domestic violence also means any crime committed against a person or property, including an animal, when used to do any of the following:
- coerce you;
- control you;
- punish you;
- intimidate you; or
- get revenge against you.3
1 Colo. Rev. Stat. §§ 38-12-401(3); 13-14-101(2.1)
2 Colo. Rev. Stat. § 18-6-800.3(2)
3 Colo. Rev. Stat. § 18-6-800.3(1)
What is the definition of domestic abuse?
For the purposes of Colorado’s housing laws, domestic abuse is any act, attempted act, or threat to do any of the following to you by someone you are living with or have lived with, or someone you are related to:
- violence;
- stalking;
- harassment; or
- coercion.1
It can also include any act, attempted act, or threatened act of violence against your children who are under 18, or any animal owned or kept by you, the abuser, or your children. If the target of the violence is the animal, then the abuser’s purpose must be to do any of the following to you or your child:
- coerce;
- control;
- punish;
- intimidate; or
- get revenge.1
1 Colo. Rev. Stat. §§ 38-12-401(2); 13-14-101(2)
What is the definition of unlawful sexual behavior?
For the purposes of Colorado’s housing laws, unlawful sexual behavior means any unwanted or nonconsensual sexual behavior, act, attempted act, or threatened act.1 This includes:
- any of the offenses listed in Section 16-22-102(9) of the law; and
- any of the offenses listed in Section 16-11.7-102(3) of the law.2
You do not have to have any particular relationship with the abuser for this behavior to qualify.3
1 Colo. Rev. Stat. §§ 38-12-401(6); 13-14-101(2.9)
2 Colo. Rev. Stat. §§ 16-11.7-102(3); 16-22-102(9)
3 Colo. Rev. Stat. § 13-14-101(2.9)
What is the definition of stalking?
For the purposes of Colorado’s housing laws, stalking can happen in two ways.1 In either situation, it can be done directly or indirectly through another person.2
- The first definition of stalking is when someone makes a “credible threat” that causes you to be in fear for your safety, or for the safety of your immediate family or intimate partner. As a way to make you afraid, the stalker must do one of the following to you, or to your immediate family or intimate partner:
- repeatedly follow, approach, contact, or watch you (put you under surveillance); or
- repeat any form of communication, such as phone calls, texts, or emails. It does not matter if any words are spoken or not – for example, the stalker can keep calling and hanging up.2
A “credible threat” means a threat, physical action, or repeated behavior that would cause a reasonable person to be in fear for their safety, or for the safety of their immediate family or intimate partner.3
- The second definition of stalking is when someone repeatedly does any of the following to you, your immediate family, or your intimate partner that causes serious emotional pain (distress):
- follows;
- approaches;
- contacts;
- places under surveillance; or
- uses any form of communication.4
“Immediate family” means your spouse, parent, grandparent, sibling, or child.5
The big difference between the two definitions is that the first one involves the stalker causing you to fear for the safety of you or your family and the second one does not. In the second one, the behavior must cause you to be seriously upset (distressed) but you don’t necessarily have to fear for your life or safety.
1 Colo. Rev. Stat. § 38-12-401(5)
2 Colo. Rev. Stat. § 18-3-602(1)(a), (b)
3 Colo. Rev. Stat. § 18-3-602(2)(b)
4 Colo. Rev. Stat. § 18-3-602(1)(c)
5 Colo. Rev. Stat. § 18-3-602(2)(c)
Who is a qualified third party?
To end your lease, you will need to give your landlord a letter from a “qualified third party.” This is someone you have gotten help from as a result of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. It includes, but is not limited to, any of the following people:
- an employee, agent, or volunteer of a victim-survivor service provider;
- an attorney;
- a social worker;
- a licensed doctor or nurse;
- a religious leader; or
- a mental health provider.1
1 Colo. Rev. Stat. §§ 38-12-401; 38-12-402(2)(a.5)(I)(B)
