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If you have a disability, you may qualify for a service dog. Colorado law aligns with federal guidelines. These guidelines allow a person with a disability to reside, travel, and perform their activities of daily living with a service dog. Colorado also takes the extra step to protect service dogs who are still in training (Colorado Revised Statute 24-34-803), enabling them to train with their handlers in public areas. Continue reading for more information on Colorado service dog requirements.
Definition of a Service DogA service dog is trained to carry out specific tasks to assist a person with a disability. The disability can be physical, mental health-related, or medical. Colorado follows the American with Disabilities Act by restricting service animals to canines and miniature horses. A canine does not have to meet any specific requirements regarding height or weight. Colorado does, however, ban pit bulls but not from performing as service dogs.
The task a service dog performs must be related to their owner’s disability. The task(s) must be an act that their owner would not be able to perform easily or safely without assistance.
How is the Service Dog Trained?To be a legitimate service dog, a dog must be trained to perform a task specific to their owner’s disability, as stated above. As an example, some service dogs are trained to bring objects such as medication bottles or walking canes. Others prevent their owners from falling by allowing themselves to be used as physical support. Training can be performed through a professional trainer or by the owner (or owner’s family).
Identification Requirements for a Service Dog in ColoradoAlthough Colorado does not require any identification requirements for service dogs, it’s always good to register your service dog. Doing so prevents any problems or misunderstandings from occurring, allowing your dog to perform their duty with fewer interruptions.
In Colorado, businesses are only legally allowed to ask two questions when it is not apparent that the dog is a service animal:
Is this a service animal? What task has the animal been trained to perform?Due to privacy concerns, business and private entities may not ask personal questions such as:
Ask the owner to declare their illness or disability. Demand documentation regarding registration or training. Ask the owner to have the animals perform their assigned task as a demonstration.Colorado does not require a service dog to have a vest or identification tag stating that they are service dogs.
A registered service dog in Colorado can perform their duty with fewer interruptions. Service Dog Registration in ColoradoAlthough service dog registration is not required by law in Colorado, it does provide peace of mind. Having an extra layer of protection and privacy for a dog and its owner can make all the difference. Service dogs perform better in calm environments with few interruptions, and registration allows just that. Having documentation at the ready garners legitimacy and respect from business owners and the public, enabling service dogs to remain undisturbed.
People who are interested in training, certification, and registration in Colorado can inquire with Service Dog Certifications, their local service dog trainers, or county animal enforcement department in the Colorado area.
Psychiatric Service Dog RequirementsPsychiatric service dogs are not the same as emotional support animals. Psychiatric service dogs are trained to perform a task that is tailored to meet a psychiatric patient’s needs. For instance, a psychiatric service dog may be trained to performing the following tasks:
Remind their owner to take their psychotropic medications. Apply deep pressure therapy. Interrupt any self-harm behavior. Alert others when a person with a psychiatric disability becomes agitated. Service Dog or Emotional Support Dog in ColoradoColorado requires that a service dog or emotional support animal always be tethered or harnessed and must remain under their owner’s control at all times unless such a device interferes with their ability to perform. Any disruptive or dangerous behavior can have the animals removed from the area. Service dogs are working animals and can not play, be fed, or perform tasks for anyone else other than their owner.
If your dog isn’t specifically trained to perform a task, you may still qualify for an emotional support dog (ESA). Emotional support animals are recognized as assistance animals, but do not have the same access rights as service dogs. ESAs provide support and comfort to owners that suffer from depression, anxiety, PTSD, etc., and can live and travel with their owners without having to pay additional pet fees.
You and Your Service Dog in ColoradoAfter your dog finishes their training, you are approved by Federal law to bring your service dog with you in public. Because a service animal adds to the safety, well-being, and quality-of-life of its owners, service dogs are allowed into general public areas. This includes buses, trains, and other forms of public transportation.
If a service dog sounds like a good fit for your disability, you can speak to your healthcare professional for their consultation. Your healthcare professional may be able to point you in the right direction and help you obtain a service dog. It’s vital to ensure your service dog is well-behaved and able to tolerate the public. Aggressive outbursts, disruptive behavior, or violation of sanitary standards can prevent your service dog from doing their job.
Service dogs are a joy to have and can lighten the load for many people with disabilities. Knowing what you can and can not do with your service dog within Colorado is essential for both you and your dog.
Dec 21
Service Dog Rights
Service dog owners have special rights under both federal and state laws. The Americans with Disabilities Act, commonly known as the “ADA,” is the primary federal law protecting owners of service dogs in all 50 states.
Under the ADA, service dog owners have the right to enter places normal pets can’t. Service dog owners have broad public access rights in places like stores, restaurants, schools, arenas, and movie theaters.
The ADA, however, is not the only law that protects service dog owners. Service dog owners can also board flights free of charge pursuant to the Air Carrier Access Act and the U.S. Department of Transportation guidelines.
Not only that, service dog owners can also live with their service dogs in buildings that ban pets. Under the Fair Housing Act and guidelines from the U.S. Department of Housing and Urban Development (HUD), landlords must reasonably accommodate service dog owners without any fees or deposits.
That means service dogs are allowed to live with their owners without charge, even if the building usually doesn’t allow animals of any kind.
Finally, most states also have laws that protect owners of service dog owners. These laws generally mirror federal service dog laws and provide an additional layer of protection for service dog owners.
2. What is the definition of a Service Dog?A service animal is a dog that has been trained to perform a job or task that assists with a person’s disability. Service dogs can be used by both people with physical and mental disabilities. A service dog used by someone with a mental health condition is called a psychiatric service dog.
For example, a service dog might pull a wheelchair for someone with a mobility disability or provide pressure therapy to calm a person with post-traumatic stress disorder.
Whatever the condition may be, it has to be severe enough to substantially limit a major life activity like working or sleeping.
Dogs are the only type of animal allowed to be a service animals under the ADA’s rules. Other types of animals like cats, birds, small reptiles, and rabbits can be emotional support animals which is a different type of assistance animal.
3. What different rights do service dogs, and emotional support animals have?Emotional support animals provide comfort to people with mental health disabilities like depression, severe anxiety, bipolar disorder, or PTSD. Unlike psychiatric service dogs, they do not require any specialized training. ESAs do their jobs just by being present around their owners to provide comfort during difficult times.
Psychiatric service dog owners do not need any special documentation to prove that they are a service dog owner (other than for flights as discussed below). ESAs, on the other hand, require a letter from a licensed healthcare professional like a doctor or therapist.
ESAs and service dogs have very different legal rights. ESAs primarily have rights for housing, meaning they are allowed to live in no-pet buildings free of charge. ESAs do not have the broader public access rights that service dogs have. That means ESAs cannot enter stores, restaurants, or airplanes.
4. Service dog public access rightsUnder the ADA’s rules, state and local governments and businesses that serve the public must allow service dogs to accompany their handlers in all areas of the facility where the public is allowed to go.
Places service dogs have access to include: Restaurants Grocery Stores Office or any place of work Beaches National Parks Coffee Shops Farmers Markets No-pet apartments Hotels Movie Theaters Rideshare and taxisA service dog’s owner to access public spaces is not absolute. A service dog owner can be asked to leave if their service dog creates an unsafe or unhealthy environment for others. For example, a service dog that is not under the handler’s control or acting aggressively can be asked to leave the premises. Service dogs are allowed to board flights free of charge. To fly with a service dog, the owner must complete and submit the DOT’s Service Animal Air Transportation Form to the airline prior to boarding the flight.
5. Service dog verificationThird parties and landlords can ask two questions, and only these two questions, to verify that someone has a service dog:
Is the dog a service animal required because of a disability? and What work or task has the dog been trained to perform?Staff members at a facility are not allowed to ask for details about a person’s disability, require medical documentation, require a special ID card or training documentation. Third parties cannot ask the dog to demonstrate the job or task that it was trained to do.
Service dog accessories like ID cards, registrations, and vests do not confer rights on their owners. However, they are frequently used by service dog owners to easily signal that their dog is a service animal. These items should only be used by service dog owners with fully trained service dogs. Some psychiatric service dog owners will obtain optional Psychiatric Service Dog Letters. PSD letters are documents signed by licensed healthcare professionals that opine on whether someone has an eligible mental health disability for the purposes of owning a psychiatric service dog.
6. What happens if you violate the rights of a service dog owner?People that violate the rights of a service dog handler can get into serious trouble and be subject to legal repercussions. The U.S. Department of Justice, HUD, and the Department of Transportation can take action against individuals that violate service dog rules.
For example, the following situations can lead to a lawsuit:
A store that improperly denies entry to a service dog. A café that asks inappropriate questions to a service dog owner, such as the nature of their disability. An airline that charges a passenger with a service dog a special fee. A landlord who refuses to allow a tenant to live with their service dog.Businesses and landlords have been sued when they have violated applicable disability laws that pertain to service dog owners. As a business, landlord, or other institution, it’s important to understand service dog rules to avoid potential fines and legal headaches.
According to the NAMI, an estimate of 61.5 million Americans (or 1 in 4) suffer from a mental or emotional disability.
For this reason, the use of Emotional Support Animals (ESA) is becoming more prevalent, and many mental health professionals are recommending animals and writing prescriptions as a therapy tool.
As a landlord or property owner, you might ask yourself, what does that mean for me and for my rental units that have “no pets” policies in place?
In this post, we will cover landlord rights when renting to a tenant with an emotional support animal.
Table of Contents The Fair Housing Act (FHA) & Landlords Emotional Support Animal Letters for Housing How Can a Landlord Verify an ESA Letter? ESA Questions a Landlord Has the Right to Ask a Tenant ESA Questions a Landlord Does Not Have the Right to Ask a Tenant What Kind of Animals Do Landlords Have to Allow? How Many Emotional Support Animals Do Landlords Have to Allow? Where is the Emotional Support Animal Allowed? When Can a Landlord Deny an Emotional Support Animal? What About Insurance for Banned Breeds? When Can a Landlord Evict a Tenant With an ESA? What Fees (If Any) Can a Landlord Charge for an ESA? What Could Happen if a Landlord Denies a Tenant Based on an ESA? The Fair Housing Act (FHA) & LandlordsUnder the Fair Housing Act, it is against the law for a property owner or landlord to refuse to house those with a disability.
The housing provider also cannot impose a different application or qualification criteria to those with disabilities. This means the rental fees, sales price, or rental terms or conditions cannot differ from those required by non-disabled persons.
However, the FHA does require written documentation or ESA letter from a licensed mental health professional attesting to the tenant’s need for an Emotional Support Animal. Simply having an ESA registration or vest is not enough to qualify an animal as an ESA.
Emotional Support Animal Letters for HousingYou may or may not have encountered an Emotional Support Animal Letter – these are validation letters from a licensed mental health professional telling you the renter has been prescribed the animal for mental health-related purposes.
This animal is NOT a pet but is there to give the needed therapy the person requires – the emotional support animal or ESA must be responsible for alleviating at least one identified symptoms or effects of an existing disability. This does not mean the animal simply makes the person “feel good.” The ESA must be there for a diagnosable condition such as depression, severe anxiety or phobia.
How Can a Landlord Verify an ESA Letter?As a landlord, you do have the right to verify that the letter from the therapist is real and from a therapist that is licensed. To do this, you will need to check that the letter is written on the mental health professional’s letterhead, along with their contact information (phone number, email address, practice address).
An ESA Letter should include the professional’s license number, date it was issued, and signature.
If you have any concerns about the validity of the letter, you should NOT contact the mental health professional directly. This could be considered a violation of the patient’s right to privacy.
Questions a Landlord Has the Right to Ask a Tenant That Needs an Emotional Support AnimalAs a landlord you have the right to ask your tenant the following questions about their emotional support animal. Remember how you ask is important as well. Here are some tips for speaking with your tenant about their Emotional Support Animal.
Tip 1: Politely speak to the tenant about your concerns.Let them know you would like to work together to alleviate your concerns. Arguing with the person can make them feel discriminated against and can be used against you should the case go in front of a judge.
Tip 2: Verify the licensed mental health professional’s license number.You do have the right to verify the mental health professional’s credentials. You can do this by visiting the listed state’s website for the mental health professional’s licensure and entering their license number. You cannot repeatedly call or their LMHP or ask them details about their client’s disability.
Tip 3: Ask tenant for a Reasonable Accommodation Form.As a landlord, you have the right to ask your tenant for a Reasonable Accommodation Form which would be filled out by the mental health professional that wrote the letter.
Questions a Landlord Does Not Have the Right to Ask a Tenant That Needs an Emotional Support AnimalRemember, you cannot contact the tenant’s therapist directly. There are also limits to the questions you are permitted to ask.
There are several common questions that go against the disabled person’s rights and should not be asked, examples include:
“Do you have a disability and how severe is it?” “How long have you been in therapy?” “What medications (if any) do you take?” “Let me see your medical records?” “Have you ever been hospitalized because of a mental disability?” “Have you ever been in a drug rehabilitation program?” “How many sessions have you had with your therapist?” “Is there anything else at all about your symptoms or diagnosis besides what is provided in this letter?” What Kind of Animals Do Landlords Have to Allow?Although dogs and cats are the most common animals used for therapy, your tenant has the right to possess just about any animal as an emotional support animal.
However, that does not mean you have to allow a pet tiger or full-grown horse inside your building. Animals that pose a danger to other tenants or causes an undue financial burden to you can be denied.
Remember, that the tenant is always responsible for their animal(s).
How Many Emotional Support Animals Do Landlords Have to Allow?The tenant is allowed, under Federal law, to have more than one emotional support animal. As long as the therapist has diagnosed these animals to help alleviate at least one of their patient’s symptoms, it is allowed.
The law does not specify the number allowed or not allowed. It would be difficult to argue against 3 dogs, but if you find that having 10 chickens in the apartment is causing a disturbance or an undue financial burden, you may have the right to deny the request.
Where is the Emotional Support Animal Allowed?The Department of Housing and Urban Development (HUD) has deemed it possible for the tenant to bring their ESA;
“in all areas of the premises where persons are normally allowed to go unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider services.”
Generally speaking, this would allow the animal in all common areas of the building and the tenant’s apartment.
However, Emotional Support Animals are not permitted to roam off leash throughout the property and must be in their handler’s control at all times.
When Can a Landlord Deny an Emotional Support Animal?This is a tricky situation; however, there are times when the law is in the landlord’s favor. To deny a tenant the Emotional Support Animal, the animal must be:
Causing an administrative, financial, or programmatic repercussion to the premises Causing disturbance to other tenantsIf the emotional assistance animal is particularly disruptive, or the tenant fails to take proper measures to ensure that the animal does not bother other tenants, the landlord may be justified in denying the accommodation or ultimately filing for an eviction.
What About Insurance for Banned Breeds?Some regions are now imposing breed restriction laws. How does this affect the person with a breed restricted ESA?
According to HUD:
However, it’s not as simple as that. The landlord must then substantiate the claim with the insurance company directly. He or she must then see if the insurance company has a policy that has an exception for the assistance animal. If not, then an investigation may be launched against the insurance company itself for potential disability discrimination. We do not recommend denying a tenant’s Emotional Support Animal due to their breed.
When Can a Landlord Evict a Tenant With an Emotional Support Animal?There may be circumstances that arise when a landlord does have a right to evict a tenant with an ESA. This will be if the person’s emotional support animal is a threat to the safety of the building or the tenants or the presence of the animal is causing an undue burden on the landlord.
What Fees (If Any) Can a Landlord Charge for an Emotional Support Animal?According to HUD’s handbook for subsidized multifamily programs:
“A housing provider may not require an applicant or tenant to pay a fee or a security deposit as a condition of allowing the applicant or tenant to keep the emotional support animal.”
However, a landlord can charge fees to repair any damages to a tenant with an Emotional Support Animal. An emotional support animal is not a “get out of jail” free card when it comes to damages caused by the animal. Each tenant is responsible for their animal’s actions and behaviors.
Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD, No. 4350.3, 2-44(E) (2013). 5
“If the emotional support animal causes damage to the housing unit or the common areas of the dwelling, however, the housing provider may charge the cost of repairing the damage.”
What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support AnimalIf a tenant believes they have been mistreated due to their ESA, they can file a lawsuit under the Housing and Urban Development Act within one-year of the incident.
HUD will then investigate the complaint at no cost to the disabled individual (the person can also go to the federal district court within two years of the alleged denial).
If the case is substantiated, it will then go to an administrative hearing with HUD attorneys litigating the case.
An Administrative Law Judge (ALJ) will consider all the evidence from the tenant and the landlord. If the ALJ decides that discrimination occurred, the respondent (landlord) can be ordered:
To compensate the tenant for actual damages, including humiliation, pain, and suffering. To provide injunctive or other equitable relief. To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation and $70,000 for a third violation within seven years. To pay reasonable attorney’s fees and costs. Know the Law as a LandlordYou do have rights as a landlord; however, it can be tricky. Before you attempt to evict or deny a person with an ESA, you will need to be sure you are in the right, or you could be facing some stiff penalties.
TESTIMONIALS
My landlord use to bully me about my emotional support animal. Service Dog Certifications informed me about rules associated with emotional support animals. Now I live with my ESA, Biscuit, without any worry.
Service Dog Certifications promptly responded to all my questions and was extremely helpful during the whole process. Thanks for everything!
I have been able to travel with my service animal stress free after getting help from Service Dog Certifications.
I have a disability that is not “obvious”. The service dog ID card helps me show people that I need my service dog without having to explain my disability to them.
We can take our Buford everywhere we go without being harassed anymore. The identification cards help us resolve any issues before it becomes an issue. Thanks!!!
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