What is Colorado law regarding emotional support animals?

An emotional support animal is an animal recommended to an individual diagnosed with a medical condition, handicap, or disability. The federal Fair Housing Act and the Colorado Fair Housing Act make it unlawful for landlords to discriminate against any person in the terms, conditions, or privileges related to renting property because of a handicap associated with that person’s disability. A handicap is a physical or mental impairment that substantially limits one or more of a person’s major life activities.

GLO specializes in advising both landlords and tenants on their rights in residential leases, such as their rights regarding emotional support animals in Denver, Adams, and Arapahoe Counties and along the Front Range. 

Who do the federal and state Fair Housing Acts apply to?

It’s important to note that whether or not your rental property is exempt from this requirement is governed by both federal and Colorado law. While federal law regarding emotional support animals has broad exemptions for smaller properties, Colorado law significantly narrows the window for exemptions in the state. In Colorado, the only types of rental properties that are exempt are 1) a room for rent in a single-family home that is also occupied by the owner, and 2) non-commercial housing run by religious organizations or private clubs.

As a landlord, what do I have to do if a tenant requests an emotional support animal?

Federal and Colorado law requires housing providers to make a reasonable accommodation for a handicapped person who requests such accommodation. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities in order to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. 

Emotional support animals may be considered a reasonable accommodation to a housing provider’s no pets policy under federal and Colorado law. Reasonable accommodations may also include a request to waive a pet deposit, fee, or another rule regarding animals on the property. Housing providers and landlords can be subject to serious sanctions for failure to afford reasonable accommodations and denying a person with a handicap the ability to have their emotional support animal live with them.

GLO specializes in dealing with housing providers and ensuring people with disabilities are provided reasonable accommodations.

What do I have to do to get an emotional support animal in Colorado?

To be afforded a reasonable accommodation, you must provide your landlord sufficient documentation to establish your disability or handicap, and demonstrate that the emotional support animal is necessary to provide disability-related assistance or emotional support.

In Colorado, sufficient documentation is usually in the form of an Emotional Support Animal (“ESA”) letter from a professional who is licensed to practice in Colorado, such as a doctor, LPN or RN, psychiatrist, therapist, licensed social worker, LMHP, or other mental health professional that documents the person’s disability and the need for the emotional support animal.

The ESA letter must be renewed each year, be written on the licensed professional’s letterhead, and include the licensed professional’s name, license number, date of issue, state it was issued, and the licensed professional’s signature. The licensed professional must have met with the patient in person or by telemedicine, be sufficiently familiar with the patient and the disability, and be legally and professionally qualified to make the determination. 

Can my emotional support animal request ever be denied?

Yes. While a landlord may not deny renting a dwelling to an individual because of a handicap or refuse to make a reasonable accommodation for that handicap, a request for an accommodation may be denied in certain instances. A request for an accommodation may be denied if providing the accommodation would impose an undue financial and administrative burden on the housing provider or if it would fundamentally alter the nature of the housing provider’s program. 

The determination of whether the accommodation imposes an undue financial and administrative burden is assessed on a case-by-case basis. A request for an accommodation may also be denied if the emotional support animal poses a direct threat to the health and safety of others which cannot be reduced or eliminated, or if the animal would cause substantial damages to the property of others that cannot be reduced or eliminated. 

Can landlords charge a fee for the emotional support animal? 

No. Pet deposits and fees cannot be applied for emotional support animals. Landlords cannot apply unnecessary restrictions to tenants who need emotional support animals, and reasonable accommodations include waiving pet fees. Landlords shouldn’t charge tenants for emotional support animals, including pet deposits, but tenants are ultimately still responsible for any damage to the unit beyond normal wear and tear.

Dealing with emotional support animals can be frustrating. GLO has helped landlords and tenants resolve their residential lease issues including problems with emotional support animals. If you are dealing with an emotional support animal-related issue, fill out an interest form today to see if GLO can help you.

GLO has prepared this blog to provide general information on legal issues that may be of interest. This blog does not provide legal advice for any specific situation and this does not create an attorney-client relationship between any reader and GLO or its attorneys. GLO engages clients only through specific fee arrangements and signed engagement letters. GLO does not guarantee any results.