In Colorado, landlords have limited authority to deny requests for emotional support animals (ESAs). Landlords cannot deny an ESA if the tenant has a disability and the animal helps alleviate symptoms of the disability. Landlords can request proof of the disability and the need for the ESA, but they cannot deny the request solely because the animal is not a traditional pet or because the landlord has a no-pets policy. However, landlords can deny an ESA if the animal poses a direct threat to the health or safety of others or causes substantial damage to the property.
Fair Housing Act and Assistance Animals
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. The FHA defines assistance animals as animals that provide emotional support to people with disabilities. Landlords are required to allow assistance animals in their properties, even if they have a no-pets policy. Service Animals and Assistance Animals have different criteria for the exemption of no-pets policy.
Service Animals
- Trained to perform specific tasks for a person with a disability such as guiding a person who is blind or performing tasks for a person who cannot use their hands.
- Covered under the Americans with Disabilities Act (ADA)
- Public access rights
- Landlords cannot deny the animal based on local pet ordinances.
- Landlords cannot ask what the disability is (however, they can ask what tasks the animal is trained to perform).
- Landlords cannot charge additional fees or deposits for the animal.
Assistance Animals
- Provide emotional support to people with disabilities.
- Are not trained to perform specific tasks like service animals.
- Are covered under the Fair Housing Act (FHA)
- Allowed in housing even if there is a no-pets policy.
- Landlords cannot deny the animal based on local pet ordinances.
- Landlords can ask for documentation from a healthcare professional stating that the animal is necessary for the tenant’s disability.
- Landlords cannot charge additional fees or deposits for the animal.
Service Animal Assistance Animal Trained to perform specific tasks Provides emotional support Covered under the ADA Covered under the FHA Public access rights Allowed in housing Landlords cannot deny the animal based on local pet ordinances. Landlords cannot deny the animal based on local pet ordinances. Landlords cannot ask what the disability is Landlords can ask for documentation from a healthcare professional Landlords cannot charge additional fees or deposits for the animal. Landlords cannot charge additional fees or deposits for the animal. Emotional Support Animal Definition and Requirements
An emotional support animal (ESA) is a companion animal that provides emotional support to a person with a disability. ESAs are not trained to perform specific tasks like service animals, but they can provide comfort, companionship, and a sense of security.
To qualify for an ESA, a person must have a disability that substantially limits one or more major life activities. The disability can be physical, mental, or emotional. A doctor, psychiatrist, or other qualified mental health professional must diagnose the disability.
Once a person has been diagnosed with a disability, they can request an ESA from their doctor. The doctor will provide a letter that states the person’s need for an ESA. This letter should include the following information:
- The person’s name and contact information
- The date of the evaluation
- The type of disability that the person has
- How the ESA will help the person’s disability
The person must also provide proof that the ESA is under their control. This can be done by providing a leash, collar, or other type of identification. The ESA must also be well-behaved and not cause any damage to property.
Landlords are required to make reasonable accommodations for ESAs. This means that they cannot deny housing to a person with an ESA or charge them extra fees. Landlords can, however, ask for a doctor’s letter that states the person’s need for an ESA.
Here is a table that summarizes the definition and requirements for ESAs:
Characteristic Definition/Requirement Definition A companion animal that provides emotional support to a person with a disability Disability A physical, mental, or emotional impairment that substantially limits one or more major life activities Diagnosis A doctor, psychiatrist, or other qualified mental health professional must diagnose the disability Letter The doctor must provide a letter that states the person’s need for an ESA Control The person must provide proof that the ESA is under their control Behavior The ESA must be well-behaved and not cause any damage to property Accommodation Landlords are required to make reasonable accommodations for ESAs Landlord Responsibilities and Accommodation Requests
In Colorado, landlords have specific responsibilities regarding accommodation requests for emotional support animals (ESAs). Understanding these responsibilities is essential for landlords and tenants alike. Here’s an overview of landlord responsibilities and how to handle accommodation requests.
The Fair Housing Act (FHA)
The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities. This includes discrimination based on an individual’s need for an ESA. Landlords must comply with the FHA and make reasonable accommodations for tenants with disabilities, including allowing ESAs in their rental properties.
Defining Emotional Support Animals
ESAs are animals that provide emotional support to individuals with disabilities.
- ESAs are not considered pets under the FHA.
- They are not required to perform specific tasks like service animals.
- ESAs provide comfort and support to individuals with disabilities, helping them live independently.
Accommodation Requests
Tenants seeking accommodation for an ESA must follow specific procedures:
- Provide a Request Letter: The tenant should submit a written request to the landlord, explaining their disability and the need for an ESA.
- Documentation: The tenant may need to provide documentation from a healthcare professional supporting the need for an ESA. This documentation should include a diagnosis of the disability and an explanation of how the ESA helps alleviate symptoms.
- Verification: Landlords can request verification from the tenant’s healthcare provider to confirm the legitimacy of the ESA request.
- Pet Policies: Landlords may have pet policies or restrictions. They must make reasonable exceptions to these policies for ESAs.
Landlord’s Response
Landlords must respond promptly to accommodation requests:
- Timeframe: Landlords have a limited time to respond to accommodation requests, typically 10 business days.
- Approval or Denial: Landlords must provide a written response, either approving or denying the request. If denied, they must provide a legitimate reason.
- Reasonable Accommodation: If the request is approved, the landlord must provide reasonable accommodation, such as allowing the ESA in the rental unit.
Additional Considerations
Here are some additional points to consider:
- No Pet Fees: Landlords cannot charge extra fees or deposits for ESAs.
- Behavior: ESAs must be well-behaved and under control at all times. Landlords can take action if the ESA causes damage or disturbs other tenants.
- Insurance: Landlords cannot require tenants to provide insurance for ESAs.
Colorado Landlord Responsibilities for Emotional Support Animals Landlord Responsibility Tenant Responsibility Allow ESAs in rental properties Provide a written request and supporting documentation Make reasonable accommodations for ESAs Provide verification from a healthcare professional Respond to accommodation requests promptly Be patient and cooperate with the landlord’s process Provide a written response, either approving or denying the request Follow the landlord’s pet policies and ensure the ESA is well-behaved Cannot charge extra fees or deposits for ESAs Reasonable Accommodations and Modifications
In Colorado, landlords are required to make reasonable accommodations and modifications to their properties to allow tenants with disabilities to have equal access to housing. This includes allowing tenants to keep emotional support animals (ESAs) in their units, even if the property has a “no pets” policy.
To request a reasonable accommodation for an ESA, a tenant must provide the landlord with a letter from a healthcare professional stating that the tenant has a disability and that the ESA is necessary to help them manage their disability.
The landlord must then review the request and determine whether the accommodation is reasonable. The landlord may deny the request if the ESA would cause a direct threat to the health or safety of others, or if the ESA would cause the landlord to incur an undue financial hardship.
If the landlord denies the request, the tenant can file a complaint with the Colorado Civil Rights Division.
- Reasonable accommodations may include:
- Allowing the tenant to keep the ESA in the unit, even if the property has a “no pets” policy
- Waiving pet fees or deposits
- Providing a pet-friendly unit
- Reasonable modifications may include:
- Installing a ramp or other accessibility feature for a tenant with a physical disability
- Providing a visual alarm system for a tenant with a hearing impairment
- Installing a lockbox for a tenant with a cognitive disability
Accommodation/Modification Example Allowing an ESA A landlord cannot deny a tenant’s request to keep an ESA, even if the property has a “no pets” policy. Waiving pet fees or deposits A landlord may waive pet fees or deposits for a tenant with an ESA. Providing a pet-friendly unit A landlord may provide a pet-friendly unit to a tenant with an ESA, even if the property does not normally allow pets. Installing a ramp or other accessibility feature A landlord may install a ramp or other accessibility feature for a tenant with a physical disability. Providing a visual alarm system A landlord may provide a visual alarm system for a tenant with a hearing impairment. Installing a lockbox A landlord may install a lockbox for a tenant with a cognitive disability. Hey folks, that’s all we have for today on the topic of emotional support animals and Colorado’s landlord laws. I hope you found this information helpful, and if you have any more questions, feel free to drop us a comment. Our team here at ESAAnimals.org is always happy to help. Remember, knowledge is power, and when it comes to navigating the legal landscape of emotional support animals, it’s important to stay informed. We’re constantly updating our articles with the latest news and insights, so be sure to check back later for more informative content. Until next time, keep learning, keep growing, and keep advocating for your rights as an emotional support animal owner. Take care, and we’ll catch you in the next one.