Miller v. Amos
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In this case from the Supreme Court of the State of Colorado, petitioner Claire E. Miller and respondent Jesse A. Amos were involved in a dispute related to eviction proceedings. Miller was a tenant who lived in a home owned and occupied by Amos. Their arrangement was an oral tenancy agreement where Miller agreed to provide pet care and light housekeeping services instead of paying rent. After six months, Amos served Miller with a notice to quit, alleging breach of their oral agreement. Miller refused to move out, and Amos filed a forcible entry and detainer (FED) complaint seeking eviction. Miller contended that her eviction was due to her refusal to engage in sexual acts with Amos, which she stated was a form of sex discrimination and retaliation under the Colorado Fair Housing Act (CFHA).
The county court ruled in favor of Amos, stating that a landlord can serve a notice to quit for “no reason or any reason,” dismissing the CFHA violation claim as an affirmative defense for eviction. The district court affirmed this decision.
On appeal, the Supreme Court of the State of Colorado reversed the lower court's ruling. The court held that a tenant can assert a landlord’s alleged violation of the CFHA as an affirmative defense to an FED eviction. The court noted that the purpose of the CFHA is to prevent discriminatory practices, and therefore, a tenant must be able to use it as a shield against a discriminatory eviction. The court also emphasized that a tenant's right to due process must be preserved even in eviction proceedings, which are intended to be expedited. This decision allows tenants in Colorado to assert discrimination or retaliation under the CFHA as a defense in eviction cases.
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