The Estes Park Housing Authority recently received a preliminary administrative ruling in a civil rights complaint filed against it in 2023.
Scott Moulton, EPHA executive director, reported the finding to the board at its April 8 meeting. According to Moulton, the ruling is a preliminary decision issued by an administrative law judge with the Colorado Office of Administrative Courts following proceedings tied to the Colorado Civil Rights Division.
The case stemmed from a staff error that mistakenly sent housing availability notices to hundreds of applicants, rather than a limited group at the top of the waitlist. The agency withdrew the notice within minutes, but the incident triggered the complaint.
A person living in Denver but not working in Estes Park received the email and filed a complaint on April 6, 2023, alleging race discrimination. The complaint was amended in January 2024 to include disability as a protected class. On May 20, 2024, the Colorado Civil Rights Division found probable cause.
After a failed conciliation effort in May 2024, the case proceeded to a formal hearing before an administrative law judge. The administrative decision was made on March 2, 2026, but was not provided to the housing authority until March 23.
The judgment ordered EPHA to pay a $1,000 civil penalty and comply with several corrective actions, including ceasing any discriminatory housing practices, maintaining the complainant on the housing waitlist, continuing fair housing training for staff, posting civil rights notices at housing sites, and reporting discrimination complaints quarterly for three years.
In an interview with the Estes Valley Voice, Moulton said the authority had already been conducting annual fair housing training and would comply with all requirements.
Moulton said the housing authority attempted to settle the case after the initial probable cause finding, including offering housing to the complainant, but no agreement was reached, resulting in the case being sent to the administrative court.
Legal costs to date are estimated at about $19,000, with an additional $3,000 expected. The agency was represented by attorneys Wes Wollenweber and Mathew Azer. Officials said the costs were paid through operational revenue, not tax funds.
In a statement provided to the Estes Valley Voice, Moulton wrote:
“EPHA acknowledges the initial decision and has reviewed it carefully. We want the community to understand that the purpose of a local preference system was to help scarce housing resources serve the people of Estes Park. In a community with very limited housing supply, that meant trying to prioritize those who live here, work here, and sustain the local economy and community life. The decision also reflects that this case involved an applicant who did not qualify for workforce-restricted housing because she was unable to work, while still remaining eligible for other EPHA housing options that were not workforce-restricted. At the same time, EPHA recognizes the concern identified in the decision regarding the prior preference system and remains committed to fair housing compliance and to improving its policies accordingly. We will continue working to house our community members in a way that is lawful, fair, and responsive to local need. To this end, EPHA, prior to the initial decision related to this case, has engaged a legal consultant to provide technical consulting services related to EPHA’s point preference policies and to complete a civil rights policy evaluation.”
A final decision timeline in the matter remains unclear at this time, according to Moulton.
Policy review underway
Separate from the case, EPHA has already begun a broader review of its policies and procedures with legal counsel.
That work includes evaluating housing preference systems, civil rights compliance, and policies related to mobility and transfers, as well as compliance with the Violence Against Women Act. Moulton said the goal is to ensure long-term compliance and strengthen policies governing tenant selection and housing access.