Is My Landlord in Colorado Required to Accept My Emotional Support Animal?

If you or someone you know of is looking to rent a place to live in Colorado or Texas, but are worried about your emotional support animal (ESA) being accommodated, this blogpost can help answer your questions. To begin, it is important to distinguish between an emotional support animal and a service animal. 

What is the Difference between an ESA and a Service Animal?

Both emotional support animals and service animals are not classified as pets. They are classified as “working animals.” Service Animals are protected under the Americans with Disabilities Act as animals who are trained to perform specific tasks for owners with disabilities. Emotional Support Animals, while also medically certified to be helpful for people with disabilities or other medical conditions, are not trained for specific tasks. Rather, their presence and demeanor help their owners with emotional and mental health considerations. ESAs, are not protected under the Americans with Disabilities Act, but are protected under the Fair Housing Act. 

What is the Fair Housing Act, and why is it Important for ESA owners?

The Fair Housing Act is a federal law which is the source of housing protections and accommodations for emotional support animals and their owners. This act ensures that emotional support animals should be reasonably accommodated by landlords with some small exceptions. Even if a rental location has a “no animals” policy, emotional support animals must be reasonably accommodated if they are properly certified and documented. 

The only exception to this requirement is if the presence of the animal will pose an undue financial or administrative burden to the housing provider’s operations, or if the animal’s presence fundamentally alters the nature of the housing provider’s business. However, these exceptions must be strongly justified with independent research and findings of fact. A housing provider cannot simply state that the animal causes a burden or alters its business, it must provide proof of those elements. 

A housing provider can ask you to remove your animal if it bites another person or animal, or poses a direct threat to the health or safety of others. However, this must also be supported by evidence. A housing provider claiming an animal poses a threat must rely on current medical knowledge or on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.”

Specifics You Should Know about Colorado Law

Because the Fair Housing Act is a national law, it applies to all of Colorado. However, another important law that Colorado emotional support animal owners should consider is the Colorado Anti-Discrimination Act (CADA). This act prevents discrimination on the bases of many identities, including disability. Emotional support animals and the support they provide for disabled owners are protected on a state level by this act. Aligning with the FHA, CADA requires reasonable accommodations in housing for ESAs. It prevents charging fees to ESA owners on top of standard rent, and other forms of discrimination. Overall, CADA and the FHA universally apply across Colorado, from Denver to Colorado Springs, and more. 

What Proper Documentation is Needed for my Colorado ESA?

In order to ensure you and your ESA are protected by the legislation we just discussed, you will have to obtain proper certification and documentation for your ESA. Proper documentation for an ESA consists of a letter from a healthcare professional. This letter should include a statement confirming that the owner of the ESA has a disability and requires the animal for help surrounding their disability. By outlining the need for the ESA, the healthcare professional differentiates them from a standard pet. When it comes to housing, this letter can be shown to a landlord to acquire the reasonable accommodations provided by the FHA and CADA.