As used in this part 12, unless the context otherwise requires:
(1) Dwelling unit means a structure or the part of a structure that is used as a home, residence, or sleeping place by a tenant. Dwelling unit includes a mobile home, as defined in section 38-12-201.5 (2).
(2) Immigration or citizenship status means a person's actual or perceived immigration or citizenship status.
(3) Landlord means the owner, manager, lessor, or sublessor of a residential premises.
(4) Rental agreement means any agreement, written or implied by law, between a landlord and a tenant embodying the terms and conditions concerning the use and occupancy of a residential premises.
(5) Residential premises means a structure of which one or more dwelling units are part, including any immediately surrounding property that is owned by or subject to the exclusive control of a person who controls such a dwelling unit.
(6) (a) Tenant means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
(b) Tenant includes a prospective tenant or any other person seeking to occupy a dwelling unit to the exclusion of others.
Source: L. 2020: Entire part added, (SB 20-224), ch. 187, p. 856, � 1, effective June 30.
38-12-1203. Prohibition on activities related to a tenant's immigration or citizenship status. (1) On and after January 1, 2021, except as otherwise provided in this section or required by law or court order, a landlord shall not:
(a) Demand, request, or collect information regarding or relating to the immigration or citizenship status of a tenant; except that a landlord that is also the tenant's employer may lawfully collect information required to complete any employment form required by state or federal law;
(b) Disclose or threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or immigration or law enforcement agency;
(c) Harass or intimidate a tenant or retaliate against a tenant for:
(I) Exercising the tenant's rights under this part 12; or
(II) Opposing any conduct prohibited by this part 12;
(d) Interfere with a tenant's rights under this part 12, including influencing or attempting to influence a tenant to surrender possession of a dwelling unit or to not seek to occupy a dwelling unit based solely or in part on the immigration or citizenship status of the tenant;
(e) Refuse to enter into a rental agreement or to approve a subtenancy, or to otherwise preclude a tenant from occupying a dwelling unit, based solely or in part on the immigration or citizenship status of the tenant; or
(f) Bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant.
Source: L. 2020: Entire part added, (SB 20-224), ch. 187, p. 857, � 1, effective June 30.