Pride Month May Be Over, But Housing Protections Exist Year Round: What LGBTQ+ Renters in CO Should Know

Colorado is interestingly situated between various states that have been working actively to dismantle LGBTQ+ protections in their state. Colorado has long offered a respite for LGBTQ+ folks living in surrounding states fleeing unsafe circumstances, so it is no surprise that we have an incredibly vibrant community of LGBTQ+ folks living here. With the concerns around the changing political landscape, and this community coming under heightened scrutiny, it is important that we recap the legal protections LGBTQ+ renters have. We know that gender justice is housing justice. 

Due to familial and societal scrutiny, LGBTQ+ folks are more at risk for being houseless than most members of the general population. According to the Colorado Coalition for the Homeless, “between 20-45% of LGBTQ+ youth experience homelessness while only 7-10% of the general youth population do” (“LGBTQ AND HOMELESSNESS” 2021). LGBTQ+ folks experience homelessness at twice the rate of the general population, making it important and essential to implement protections to safeguard individuals, and their right to housing and safety. 

Colorado has prioritized preventing discrimination against queer tenants. The Colorado Fair Housing Act prohibits discriminatory housing practices on the basis of “sex, sexual orientation, gender identity, gender expression.” C.R.S. § 24-34-502(1(a)(I)). In 2017, a federal court held that the denial by a landlord to rent a townhouse to a transgender woman and her wife based on their “unique relationship” violated both the Colorado Fair Housing Act and the Colorado Anti-Discrimination Act. See Smith v. Avanti, 249 F. Supp. 3d 1194, 1198 (D. Colo. 2017).

Federal law prohibits discrimination in housing on the basis of “sex.” 42 U.S.C. § 3604(b). Courts have interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation. See Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856, 862 (7th Cir. 2018). Additionally, the Violence Against Women Act (VAWA), which offers housing protections to tenants who have experienced gender-based violence and live in or seek  access to federally subsidized housing, is “not limited to women but cover[s] victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.” 24 C.F.R. § 5.2001. More broadly, participation in housing programs administered by the U.S. Department of Housing and Urban Development must be available to all qualifying applicants “without regard to actual or perceived sexual orientation, gender identity, or marital status.”24 C.F.R. § 5.105.

 Currently, the federal Fair Housing Act lacks robust protection against discrimination on the basis of sexual orientation and  gender identity in housing. In 2021 “...the Equality Act passed the United States House of Representatives, which prohibits discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system” (ACLU of Colorado).

Understanding the protections that cover LGBTQ+ residents is essential for anyone navigating the housing landscape, whether as a tenant, advocate, or service provider. Knowing one’s rights empowers recipients to choose where they live, offering greater mobility and access to diverse neighborhoods. By understanding LGBTQ+ protections, we can better support folks who are a part of this community and advocate for policies that expand and strengthen these essential protections. 

Interested in learning more? Join us for an LGBTQ+ Housing Rights webinar on July 24, 2025 from 3-4:30pm. Register here.