Colorado Section 8, Records & Right to Counsel
Colorado rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. Colorado's fair housing law bars refusing to rent, setting different terms, using discriminatory ads, or falsely saying a unit is unavailable because of a person's source of income. C.R.S. §§ 24-34-501(4.5), 24-34-502(1)(l)-(q), (1.5), (1.7); § 24-34-502(1)(r), § 24-34-505.6(6)(a), (8) (added by HB 25-1240)
The rules in Colorado
| Statewide ban on refusing Section 8 / source of income | Yes. Colorado's fair housing law bars refusing to rent, setting different terms, using discriminatory ads, or falsely saying a unit is unavailable because of a person's source of income. Source of income means any lawful, verifiable source of money, including wages and any government or private assistance, grant, or loan program such as housing vouchers. Landlords may still check credit if they check every applicant. Exemptions: landlords with three or fewer rental units are exempt from the source-of-income provisions. A landlord with five or fewer single-family rental homes (and no more than five total units) need not accept federal housing choice vouchers for those homes. Applying the income-screening limits in § 38-12-904(1)(c)-(d) is also a source-of-income violation. Since May 29, 2025, it is also an unfair housing practice for a landlord to fail to make reasonable efforts to respond on time to requests for information and documents needed for a tenant's rental-assistance application, or to fail to cooperate in good faith with a tenant applying for rental assistance. If a court finds discrimination based on a tenant's use of a housing subsidy, it must award at least $5,000 in damages, and actual damages must account for a subsidy the tenant lost because of the discrimination. Added by HB 20-1332. Complaints go to the Colorado Civil Rights Division (Title 24, Article 34, Parts 3 and 5). Text is from the CRS 2024 printout. Rental-assistance cooperation duty and $5,000 minimum award: HB 25-1240 (2025 Sess. Laws ch. 291, effective May 29, 2025), https://leg.colorado.gov/bill_files/84209/download. |
|---|---|
| Eviction record sealing | Yes, automatic suppression. Every eviction (forcible entry and detainer) court record is suppressed from the moment the case is filed. The parties, their attorneys, judges, court staff, and people with a court order can see it, and courts may not publish party names online. The record becomes public only if the court enters an order granting the landlord possession, unless both parties agree to keep it suppressed. Cases that are dismissed, settled, or won by the tenant stay suppressed. Since August 6, 2025, a defendant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may move to suppress, or keep suppressed, any eviction record, including a judgment for possession and records predating the law. The court must grant the motion if the tenant provides qualifying documentation and states that public access risks the safety of the tenant or a household member. Victim-survivor motion text: https://leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1168_enr.pdf (sections 7 and 17; effective August 6, 2025). An attorney (or someone acting for one) evaluating representation or mediation may view a suppressed record with a party's permission (§ 13-40-110.5(5)). Starting January 1, 2027, landlords must also follow court rules on protecting personal identifying information in eviction filings and must redact Social Security numbers, birth dates, driver's license and state ID numbers, and bank account, credit card and debit card numbers from supporting documents filed with the court, unless the court requires the information (C.R.S. § 13-40-110.2, added by HB 26-1196, https://leg.colorado.gov/bill_files/116533/download). |
| Right to a lawyer in eviction | No statewide right to a lawyer in eviction cases. The state funds eviction legal help through the Eviction Legal Defense Fund. The state court administrator makes grants to qualifying nonprofit legal aid organizations to advise and represent indigent tenants (income at or below 200% of the federal poverty guidelines) facing eviction, but this is not a guaranteed right to counsel. Whether any 2025 or 2026 legislation created a statewide right was not confirmed beyond the CRS 2024 text and the 2025 bills reviewed. Source: C.R.S. § 13-40-127 |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Colorado vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Colorado | Yes. Colorado's fair housing law bars refusing to rent, setting different terms, using discriminatory ads, or falsely saying a unit is unavailable because of a person's source of income. Source of income means any lawful, verifiable source of money, including wages and any government or private assistance, grant, or loan program such as housing vouchers. Landlords may still check credit if they check every applicant. Exemptions: landlords with three or fewer rental units are exempt from the source-of-income provisions. A landlord with five or fewer single-family rental homes (and no more than five total units) need not accept federal housing choice vouchers for those homes. Applying the income-screening limits in § 38-12-904(1)(c)-(d) is also a source-of-income violation. Since May 29, 2025, it is also an unfair housing practice for a landlord to fail to make reasonable efforts to respond on time to requests for information and documents needed for a tenant's rental-assistance application, or to fail to cooperate in good faith with a tenant applying for rental assistance. If a court finds discrimination based on a tenant's use of a housing subsidy, it must award at least $5,000 in damages, and actual damages must account for a subsidy the tenant lost because of the discrimination. C.R.S. §§ 24-34-501(4.5), 24-34-502(1)(l)-(q), (1.5), (1.7); § 24-34-502(1)(r), § 24-34-505.6(6)(a), (8) (added by HB 25-1240) | Yes, automatic suppression. Every eviction (forcible entry and detainer) court record is suppressed from the moment the case is filed. The parties, their attorneys, judges, court staff, and people with a court order can see it, and courts may not publish party names online. The record becomes public only if the court enters an order granting the landlord possession, unless both parties agree to keep it suppressed. Cases that are dismissed, settled, or won by the tenant stay suppressed. Since August 6, 2025, a defendant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may move to suppress, or keep suppressed, any eviction record, including a judgment for possession and records predating the law. The court must grant the motion if the tenant provides qualifying documentation and states that public access risks the safety of the tenant or a household member. C.R.S. § 13-40-110.5 (subsection (3) as amended by HB 25-1168) | No statewide right to a lawyer in eviction cases. The state funds eviction legal help through the Eviction Legal Defense Fund. The state court administrator makes grants to qualifying nonprofit legal aid organizations to advise and represent indigent tenants (income at or below 200% of the federal poverty guidelines) facing eviction, but this is not a guaranteed right to counsel. C.R.S. § 13-40-127 |
| Arizona | No. Arizona has no statewide ban on source-of-income discrimination. The state fair housing act protects race, color, religion, sex, familial status, and national origin (and disability under separate sections), but not source of income or voucher use. A.R.S. § 41-1491.14 | Yes, but only in limited cases. The court must seal all records of an eviction case (special detainer, forcible entry and detainer, or summary eviction) when it dismisses the case before judgment or enters judgment for the tenant. It must also seal the case when the landlord and tenant file a written stipulation to set aside the eviction order and seal the file. Sealed records are available only to the tenant, parties and attorneys who appeared, the court, and the clerk. They may not be sold or released in bulk or individual transfers to third parties. Judgments for the landlord are not sealed unless both parties stipulate. A.R.S. § 33-1379 (Laws 2022, ch. 286, HB 2485) | No statewide right to counsel in eviction cases. No Arizona statute gives tenants an appointed lawyer in special detainer or forcible detainer actions. A.R.S. Title 33, Ch. 10 (§§ 33-1301 to 33-1381); A.R.S. Title 12, Ch. 8, Art. 4 (§§ 12-1171 to 12-1183) checked |
| Kansas | No. The Kansas Act Against Discrimination's housing section covers race, religion, color, sex, disability, familial status, national origin, and ancestry only; source of income and housing vouchers are not protected statewide. K.S.A. 44-1016 | Yes, by petition (new in 2026). A defendant in a residential (RLTA) eviction case may file electronically, at no cost, for expungement under the case number, serving the landlord by return-receipt delivery. The landlord has 30 days to object (then a hearing); without objection the court decides without a hearing and money judgments are presumed satisfied. The court must grant expungement if 3 years have passed since judgment, any money judgment from the tenancy is satisfied, and the tenant has had no other residential eviction judgment in those 3 years (a later judgment delays expungement of the earlier one). Cases with an unsatisfied money judgment are expunged only if both parties agree. Expungement does not erase the debt; public housing authorities may still obtain 3-year eviction history for federal assistance applicants. The Judicial Council is to create a form. K.S.A. 2026 Supp. 61-3809 (Sub. for HB 2357 (2026), sec. 1) | No statewide right to counsel in eviction cases was found. The 2026 eviction reform (Sub. for HB 2357) added expungement and court consideration of mediation, not appointed counsel. K.S.A. 61-3801 et seq.; Sub. for HB 2357 (2026) |
| Nebraska | No. The Nebraska Fair Housing Act covers race, color, religion, national origin, disability, familial status, sex, and military or veteran status, but not source of income or housing vouchers. Neb. Rev. Stat. § 20-318 | No statute. Bills to create a 'Residential Tenant Clean Slate Act' to seal certain eviction records have failed: LB92 (109th Legislature) was indefinitely postponed on Jan. 7, 2026. LB92 (109th Leg.) bill history; no sealing provision in Neb. Rev. Stat. §§ 76-1401 to 76-1449 | No statewide right to counsel in eviction cases found. Neb. Rev. Stat. §§ 76-1440 to 76-1447 (possession actions; no counsel provision) |
| New Mexico | No statewide protection. 2025 HB 339, which would have added 'source of income' as a protected category for housing under the Human Rights Act, died. A similar 2024 bill (HB 25) was reported as failing in committee. NMSA 1978, § 28-1-7 (no source-of-income category); 2025 HB 339 (died) | No eviction-specific sealing statute. 2025 HB 253, which would have sealed eviction records when a case is filed and unsealed them only after a judgment for the owner, died. 2025 HB 253 (died) | Not verified yet |
| Oklahoma | No. Oklahoma's fair housing law protects race, color, religion, gender, national origin, age, familial status, and disability. It does not cover source of income or voucher use. 25 O.S. § 1452(A) | No statute. Oklahoma's forcible entry and detainer statutes have no provision for sealing or expunging eviction records. 12 O.S. §§ 1148.1-1148.16 (no sealing provision) | No statewide right to counsel in eviction cases. 12 O.S. §§ 1148.1-1148.16; 41 O.S. §§ 101-136 (no counsel provision) |
| Utah | Yes. The Utah Fair Housing Act prohibits refusing to rent, discriminating in terms, and discriminatory advertising or application forms because of source of income, defined as the verifiable condition of receiving federal, state, or local assistance or being a tenant receiving government subsidies, including rental assistance or rent supplements. The state act preempts local housing-discrimination ordinances. Utah Code 57-21-5(1); 57-21-2 (definition); 57-21-2.5 | Yes. Automatic: without a petition, the court must expunge all records of an eviction filed on or after July 1, 2022 if the entire case was dismissed, no appeal is pending, and at least 3 years have passed since filing, or if the parties filed a stipulation to expunge. By petition: any party may petition to expunge a holdover or nonpayment eviction once any judgment is satisfied; the court must expunge if no written objection is filed within 60 days (an objection blocks expungement). Courts publish a list of expunged evictions; agencies and tenant screening companies must remove them within 30 days, and the eviction is treated as never having occurred. Utah Code 78B-6-850 to 78B-6-854 | Not verified yet |
| Wyoming | No statewide source-of-income or voucher protection found. Wyo. Stat. 1-21-1201 to 1-21-1211 | Not verified yet | No statewide right to counsel in eviction cases. Tenants need not file a written answer to participate fully in the trial. Wyo. Stat. 1-21-1001 to 1-21-1017; 1-21-1004 |
City rules that may add to state law
More Colorado rental law
- Colorado Security Deposit Law
- Colorado Eviction Laws
- Colorado Notice to Vacate Rules
- Landlord Entry Rules in Colorado
- Colorado Repairs & Tenant Remedies
- Colorado Rent Increase & Late Fee Laws
- Breaking a Lease in Colorado
- Squatters' Rights in Colorado
- Colorado Rental Fee Rules
- Colorado Mold, Pests, Heat & AC Rules
- Colorado Privacy, Guests & Animal Rules
- Colorado Landlord Selling the House
- Colorado Lockouts, Utility Shutoffs & Retaliation
- Colorado Subletting, Lease Endings & Tenant Death
- All Colorado landlord-tenant rules
- Free legal help in Colorado
Compare section 8, records & right to counsel in all 50 states and DC →
Colorado Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Colorado?
Yes. Colorado's fair housing law bars refusing to rent, setting different terms, using discriminatory ads, or falsely saying a unit is unavailable because of a person's source of income. Source of income means any lawful, verifiable source of money, including wages and any government or private assistance, grant, or loan program such as housing vouchers. Landlords may still check credit if they check every applicant. Exemptions: landlords with three or fewer rental units are exempt from the source-of-income provisions. A landlord with five or fewer single-family rental homes (and no more than five total units) need not accept federal housing choice vouchers for those homes. Applying the income-screening limits in § 38-12-904(1)(c)-(d) is also a source-of-income violation. Since May 29, 2025, it is also an unfair housing practice for a landlord to fail to make reasonable efforts to respond on time to requests for information and documents needed for a tenant's rental-assistance application, or to fail to cooperate in good faith with a tenant applying for rental assistance. If a court finds discrimination based on a tenant's use of a housing subsidy, it must award at least $5,000 in damages, and actual damages must account for a subsidy the tenant lost because of the discrimination. (C.R.S. §§ 24-34-501(4.5), 24-34-502(1)(l)-(q), (1.5), (1.7); § 24-34-502(1)(r), § 24-34-505.6(6)(a), (8) (added by HB 25-1240))
Can an eviction record be sealed or removed in Colorado?
Yes, automatic suppression. Every eviction (forcible entry and detainer) court record is suppressed from the moment the case is filed. The parties, their attorneys, judges, court staff, and people with a court order can see it, and courts may not publish party names online. The record becomes public only if the court enters an order granting the landlord possession, unless both parties agree to keep it suppressed. Cases that are dismissed, settled, or won by the tenant stay suppressed. Since August 6, 2025, a defendant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may move to suppress, or keep suppressed, any eviction record, including a judgment for possession and records predating the law. The court must grant the motion if the tenant provides qualifying documentation and states that public access risks the safety of the tenant or a household member. (C.R.S. § 13-40-110.5 (subsection (3) as amended by HB 25-1168))
Do tenants have a right to a free lawyer in eviction cases in Colorado?
No statewide right to a lawyer in eviction cases. The state funds eviction legal help through the Eviction Legal Defense Fund. The state court administrator makes grants to qualifying nonprofit legal aid organizations to advise and represent indigent tenants (income at or below 200% of the federal poverty guidelines) facing eviction, but this is not a guaranteed right to counsel. (C.R.S. § 13-40-127)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.