24-34-508. Relief authorized.

Statute text

(1) In addition to the relief authorized by section 24-34-306 (9), the commission may order a respondent who has been found to have engaged in an unfair housing practice:

(a) To rehire, reinstate, and provide back pay to any employee or agent discriminated against because of his obedience to this part 5;

(b) To take affirmative action regarding the granting of financial assistance as provided in section 24-34-502 (1)(b) or the showing, sale, transfer, rental, or lease of housing;

(c) To make reports as to the manner of compliance with the order of the commission;

(d) To reimburse any person who was discriminated against for any fee charged in violation of this part 5 and for any actual expenses incurred in obtaining comparable alternate housing, as well as any storage or moving charges associated with obtaining such housing;

(e) To award actual damages suffered by the aggrieved person and injunctive or other equitable relief;

(f) To assess a civil penalty against the respondent in the following amounts:

(I) Not to exceed ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

(II) Not to exceed twenty-five thousand dollars if the respondent has been adjudged to have committed any other discriminatory housing practice during the five-year period ending on the date of the filing of the charge;

(III) Not to exceed fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.

(2) In addition to the relief authorized by the provisions of subsection (1) of this section, an individual with a disability who has suffered an unfair housing practice based on his or her disability is entitled to the relief set forth in section 24-34-802.

History

Source: L. 79: Entire part R&RE, p. 936, 3, effective July 1. L. 89: Entire section amended, p. 1042, 10, effective July 1. L. 90: (1)(e) and (1)(f) added, p. 1231, 11, effective April 16. L. 2014: (2) added, (SB 14-118), ch. 250, p. 978, 6, effective August 6.

Annotations

 

ANNOTATION

Annotations

Damages could not be awarded based on the injuries suffered by nonparties. May v. Colo. Civil Rights Comm'n, 43 P.3d 750 (Colo. App. 2002).

Party's nonparticipation is not an appropriate factor to consider when calculating damages for emotional distress. May v. Colo. Civil Rights Comm'n, 43 P.3d 750 (Colo. App. 2002).