42 Denv. L. Ctr. J. 1 (1965)
Fair Housing in Colorado

handle is hein.journals/denlr42 and id is 7 raw text is: Fair Housing in Colorado
By MORTON GITELMAN*
The Colorado Fair Housing Act of 1959' was innovative in that
it was one of the first state statutes to generally forbid racial or
religious discrimination in private housing. The controversial nature
of the act was punctuated by legislative compromises and amendments
prior to passage and by a narrow margin of victory in the legislature.
By contrast, the 1965 amendments to the act were almost free of
crippling compromise and enjoyed a surprisingly large margin of
victory in the legislature.
The purpose of this paper is to examine the basic premises of
the 1959 act, the administrative and judicial developments under that
act, the background of the 1965 amendments, and a critique of the
problems solved and the problems created by those amendments.
I. THE 1959 ACT
The heart of any statute dealing with fair housing is that race,
color, religion, or ancestry should not be a factor in the transfer of
housing accommodations. As stated in the Colorado act:
(a) It shall be an unfair housing practice and unlawful and
hereby prohibited:
(b) For any person having the right of ownership, or posses-
sion, or the right of transfer, rental, or lease of any housing: To
refuse to transfer, rent, or lease, or otherwise to deny to or with-
hold from any person or persons such housing because of race,
creed, color, sex, national origin, or ancestry; to discriminate
against any person because of race, creed, color, sex, national origin,
or ancestry in the terms, conditions, or privileges pertaining to any
housing, or the transfer, rental, or lease thereof, or in the furnish-
ing of facilities or services in connection therewith; or cause to
be made any written or oral inquiry or record concerning the race,
creed, color, sex, national origin, or ancestry of a person seeking
to purchase, rent, or lease any housing.2
The idea that the state can regulate the racial or religious factor
in the decision of one having control of housing was unquestioned
so long as a connection between the state and the housing was
established. Thus statutes dealing with discrimination in publicly-
assisted housing do not create much controversy because of the
aphorism that the hand that pays the piper calls the tune. When,
however, the state regulates purely private residential property,
*Associate Professor of Law, University of Arkansas. Formerly Associate Professor of
Law, University of Denver; member, Governor's Fair Housing Study Committee
(Colo.).
'COLO. REv. STAT.  69-7-1 to 7 (1963).
2COLo. REv. STAT.  69-7-5 (1)(a), (b) (1963).
1

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