Complaint, investigation, hearing and decision—Source of income discrimination.

Denver Revised Municipal Code § 28-115.5

in effect

Sec. 28-115.5. - Complaint, investigation, hearing and decision—Source of income discrimination. This section 28-115.5 shall apply only to matters involving discrimination on the basis of source of income and shall apply in lieu of sections 28-107 through 28-114 above, which, notwithstanding anything to the contrary above, shall not be available to parties whose complaint involves only source of income discrimination claims. The hearing process in this section is intended to be a simplified and scalable process to enhance the just, speedy, and efficient determination of complaints. (a) Any person may file with the agency a complaint alleging a violation of the provisions of this article prohibiting source of income discrimination. The complaint shall state, to the extent known, the name and address of the person or entity alleged to have committed the violation, who shall be called the respondent, the address of the housing unit or complex alleged to have been involved, the name and address of any other individuals involved in the discriminatory practice, and the date(s) on which the alleged violation(s) occurred or were discovered. The complaint shall further set forth the substance of the alleged violation and such other information as may be required by the agency. Any complaint under this article shall be filed with the agency within one hundred eighty (180) days of the occurrence of the discriminatory practice. (b) Complaints filed with the agency under this section may be voluntarily withdrawn at the request of the complainant at any time prior to the completion of the agency's investigation and findings as specified in section 28-108, except that the circumstances accompanying said withdrawal may be fully investigated by the agency. (c) Upon receipt of the complaint, the agency shall provide a copy of the complaint to the respondent and shall arrange for prompt investigation. Respondent shall have thirty (30) days from the date on which the copy of the complaint was mailed to provide the agency with its response and any supporting materials and to request an informal administrative hearing before the agency, if desired. (d) After receipt of respondent's response or the expiration of the response period provided for in subsection (c) above, whichever comes first, the agency shall have a maximum of sixty (60) days to conduct its investigation and, if requested, an informal administrative hearing, and to issue its findings and decision in writing, copies of which shall promptly be provided to the complainant and the respondent. If the agency finds that the respondent has engaged or is engaging in a discriminatory practice involving source of income, the agency's written notice to respondent shall include a directive to the respondent to remediate such discrimination within thirty (30) days after receipt of such notice. Such remediation directive may include, without limitation, an order: (a) to make the unit at issue or a comparable unit available to the complainant, or (b) to cease advertising that references a discriminatory practice. Where the agency or hearing officer has determined that a respondent denied sale or rental to the complainant on a discriminatory basis and the unit or a comparable unit are unavailable to be sold or rented to the complainant as a remedy, or where the respondent fails to comply with an agency directive, the agency may impose a fine not to exceed five thousand dollars ($5,000.00). The agency may direct the respondent to pay all or a portion of such fine to the complainant to compensate complainant for any actual, verifiable damages suffered by complainant as a result of the discrimination. (e) No person may file a civil action in county court or state district court based on an alleged source of income discriminatory practice prohibited by this section without first exhausting the proceedings and remedies available to that person under this section. (f) Any person suffering a legal wrong or adversely affected by a decision of the agency pursuant to the provisions of this section is entitled to a judicial review thereof in accordance with Colorado Rule of Civil Procedure 106 upon filing in the appropriate court a written complaint for such review. (Ord. No. 788-18, § 4, 8-6-18)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH28HURI_ARTIVPRDIEMHOCOSPPUACEDINHEWESE_S28-115.5COINHEDEOUINDIFetched: 10/27/2026