If the charge alleging an unfair housing practice relates to the refusal to show the housing involved, the commission, after proper investigations as set forth in section 24-34-306, may issue its order that the housing involved be shown to the person filing such charge, and, if the respondent refuses without good reason to comply therewith within three days, then the commission or any commissioner may file a petition pursuant to section 24-34-509. The district court shall hear such matters at the earliest possible time, and the court may waive the requirement of security for a petition filed under this section. If the district court finds that the denial to show is based upon an unfair housing practice, it shall order the respondent to immediately show said housing involved and also to make full disclosure concerning the sale, lease, or rental price and any other information being then given to the public.
Source: L. 79: Entire part R&RE, p. 934, § 3, effective July 1.
ANNOTATION
Annotator's note. The following cases were decided under former § 24-34-406, which dealt with the hearing procedure for unfair housing practice claims.
For the constitutionality of section, see Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962).
The requirement that aggrieved person should furnish security is to protect landlords from the filing of unmeritorious claims by persons without probable cause; it is not designed to protect them from procedural errors of the commission over which the complainant has no control. People ex rel. Colo. Civil Rights Comm'n v. Forrester, 29 Colo. App. 158, 480 P.2d 600 (1971).
Requirements for issuance of injunction found complied with. Where the order for the preliminary injunction states that proper notice has been given, that there has been a hearing, that a determination of probable cause has been made by the commission, and that security has been ordered and provided by the complainant, the statutory requirements for the issuance of the injunction are complied with. People ex rel. Colo. Civil Rights Comm'n v. Forrester, 29 Colo. App. 158, 480 P.2d 600 (1971).