Miller v. Amos.

2024 CO 11. No. 22SC936.Landlord and Tenant—Forcible Entry and Detainer—Affirmative Defenses—Civil Rights.

February 20, 2024

In this case, the Supreme Court considered whether a tenant contesting a forcible entry and detainer (FED) action based on a notice to quit may assert a landlord’s alleged violation of the Colorado Fair Housing Act (CFHA) as an affirmative defense. After examining the interplay between the CFHA and the FED statute, CRS §§ 13-40-101 to -123, the Court concluded that a tenant may assert a landlord’s alleged violation of the CFHA as an affirmative defense to an eviction under the FED statute.