HB 26-1045

House Bill 26-1045, also known as Disabilities Housing Protections, updates Colorado's Anti-Discrimination Act by clearly defining terms like "assistance animal" and "emotional support animal." It also outlines what constitutes a reasonable accommodation for people with disabilities in housing. This means landlords must consider specific factors to ensure individuals have equal access to housing opportunities. Since the bill has been signed into law, it is now enforceable and will affect both tenants with disabilities and property owners or managers who need to comply with these new guidelines.

Official Summary

The act specifies relevant factors for assessing reasonable accommodations related to assistance animals that may be necessary for an individual with a disability to have an equal opportunity to use and enjoy housing under the 'Colorado Anti-Discrimination Act'. Permitting an assistance animal is presumed to be a reasonable accommodation if a housing provider has been given an opportunity to engage in an interactive accommodation process with the individual requesting the accommodation. The act also:Defines 'reasonable accommodation', as it applies to discriminatory housing practices, as an exception or adjustment to a rule, policy, practice, or service that may be necessary for an individual with a disability to have an equal opportunity to use and enjoy housing, including public and common-use spaces;Defines 'assistance animal' as an animal that does work, performs tasks, assists, or provides therapeutic emotional support to an individual with a disability. 'Assistance animal' includes emotional support animals and service animals.Defines 'emotional support animal' as an animal that provides solely emotional support to an individual to alleviate a symptom or an effect of a disability;Permits a housing provider to request reasonable documentation to support an individual's claim of disability or disability-related need for an assistance animal if the individual's disability or disability-related need is not obvious; andPermits a housing provider, when considering a reasonable accommodation request, to consider documented, specific conduct of an assistance animal that poses a direct threat to the health or safety of others or that causes substantial physical damage to property.(Note: This summary applies to this bill as enacted.)

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