Colorado Renters: Service Animals vs. Emotional Support Animals

Renters in Colorado who need the assistance of a service animal or emotional support animal (ESA) have specific legal protections. However, it's important to understand how state and federal housing laws distinguish between these animals, what documentation is needed, and how to exercise your rights when renting. Below, you'll find practical guidance tailored for Colorado renters, including required forms, key differences, and what to do if you face discrimination.

The Difference Between Service Animals and Emotional Support Animals

Description and protections for service animals and emotional support animals (ESAs) vary under Colorado law and federal rules:

• Service Animal: A dog (or miniature horse in rare cases) individually trained to assist a person with a disability. Under Americans with Disabilities Act (ADA), service animals are permitted in most public places, including rental housing.^[1]
• Emotional Support Animal (ESA): An animal providing comfort to someone with a mental or emotional disability. ESAs do not need specialized training. Under the Fair Housing Act (FHA), renters may have an ESA as a "reasonable accommodation."^[2]

Service animals have broader access rights, while ESAs are protected in housing but not in all public places.

Housing Rights for Renters With Service Animals or ESAs in Colorado

Both state and federal laws protect renters who need either a service animal or an ESA. In Colorado, landlords may not charge extra pet rent or deposits for these animals, nor can they refuse reasonable accommodation solely because of them.

• Landlords can ask for documentation showing the need for an ESA, but cannot require detailed medical records.
• Service animals require no documentation except in rare cases where disability or need is not obvious.
• Exceptions exist if the animal poses a real threat, causes substantial damage, or is disruptive.

The main Colorado law providing these rights is the Colorado Fair Housing Act and related statutes.^[3]

Documentation and Official Forms

• Request for Reasonable Accommodation (No formal state form; written letter is sufficient):
  • When used: To formally request your landlord’s approval for a service animal or ESA if your disability is not obvious.
  • How to use: Submit a written request to your landlord explaining your need for the animal, along with supporting documentation from a licensed care provider if asked. See sample language from HUD sample forms.
• Colorado Civil Rights Division Housing Discrimination Complaint Form:
  • When used: If your landlord denies a reasonable accommodation, such as refusing your legitimate service animal or ESA, or charges illegal fees.
  • How to use: File online or download the form from the Colorado Civil Rights Division. Attach any correspondence and documentation supporting your need.

There’s no universal or official “ESA certificate.” Documentation must come from a licensed medical or mental health provider.

How to Request an Accommodation: Step-by-Step

As a renter, following the right process helps protect your rights and avoid unnecessary conflict. Here’s a quick summary of how to handle a request:

1. Inform your landlord in writing of your disability-related need for a service animal or ESA.
2. If requested, provide supporting documentation from a licensed health professional.
3. If denied, seek written explanation. If the denial seems illegal, file a complaint with the Colorado Civil Rights Division.

Common Concerns for Renters in Colorado

Quick answers to situations renters face:

• Landlords may not charge a pet deposit or pet rent for service animals or ESAs.
• They can require your animal to follow all typical community rules (e.g., leash laws; not causing damages).
• It's illegal to misrepresent a pet as a service animal (Colorado law: C.R.S. 18-13-107.3).

When in doubt, consult the official resources in the next section or the Colorado Civil Rights Division’s housing discrimination resources.

Frequently Asked Questions for Colorado Renters

1. Do landlords in Colorado have to allow service animals and ESAs even in no-pet housing?
   Yes, under federal and state law, landlords must allow legitimate service animals and emotional support animals as a reasonable accommodation, even if their property has a no-pet policy.^[2][3]
2. Can a landlord ask for proof of a disability or animal training?
   Landlords can request documentation showing your disability and need for the animal if not apparent, but cannot demand specific medical records or require special certificates for the animal.^[2]
3. Can a landlord charge extra fees for a service animal or ESA?
   No. Landlords in Colorado may not charge pet deposits, pet rent, or fees related to service animals or emotional support animals.^[2][3]
4. What if my landlord refuses my request for a service animal or ESA?
   You can file a complaint with the Colorado Civil Rights Division. Provide any written denial and documentation with your complaint.^[3]
5. Is there an official registration for ESAs in Colorado?
   No. The state of Colorado does not have any official registry. A letter from a licensed healthcare professional is the only valid ESA documentation.^[2][3]

Key Takeaways for Colorado Renters

• Service animals and ESAs are protected differently but both are permitted in Colorado rental housing.
• Landlords can require documentation but not extra fees or deposits.
• For unresolved issues, contact the Colorado Civil Rights Division for support.

Understanding your rights and following the correct procedures can help you maintain stable and fair housing when you require a support animal.

Need Help? Resources for Renters

• Colorado Civil Rights Division (CCRD) – Main agency for housing discrimination, service animal, and ESA complaints.
• File a Housing Discrimination Complaint – Online form for Colorado renters facing disability or animal accommodation denial.
• U.S. Department of Housing and Urban Development: Assistance Animals Guidance – Federal overview of tenant and landlord rights.
• Colorado Fair Housing Act Legislation – Read the full state law about housing rights and discrimination.

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1. Service animal requirements under the ADA (U.S. Department of Justice)
2. Fair Housing Act: Assistance Animals Guidance (HUD)
3. Colorado Fair Housing Act (C.R.S. 24-34-501 et seq.); Colorado Civil Rights Division (housing tribunal)

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