Colorado Rights Blog

SB18-057: Use Of Criminal Records With Respect To Housing

Criminal Legal Reform | Privacy & Technology
Bill Number: SB18-057
Year: 2018
ACLU Position: Support
Sponsors: D. Kagan


Under current law, it is an unfair housing practice to honor or
exercise, or attempt to honor or exercise, any restrictive covenant
pertaining to housing. Section 1 of the bill adds to the definition of
restrictive covenant limitations on the transfer, rental, or lease of
housing based on records of any arrest or charge that did not result in a
conviction and the criminal case is not actively pending (arrest records)
or criminal justice records that have been sealed or expunged.
Section 2 makes it an unfair housing practice to inquire about or
take an adverse action based on arrest records or sealed or expunged
criminal justice records. Section 3 prohibits landlords from requiring an
applicant to disclose any information contained in sealed criminal
records. Section 4 prohibits housing authorities from denying or
terminating dwelling accommodations, or taking adverse action against
a person, on the basis of arrest records or certain conviction records.
Section 6 requires a landlord to provide applicants with access to
records that are used as the basis for denying a rental application.
Section 5 prevents certain tenant criminal records from being
admitted as evidence in a civil case against a landlord that is based on the
tenant’s conduct.

Current Status:

Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/07/2018)
Introduced In Senate - Assigned to State, Veterans, & Military Affairs (01/11/2018)

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