Archive for the ‘Laws’ Category
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.
If you’re a landlord, you may have noticed the use of Emotional Support Animals (ESA) has become common as more mental health professionals write ESA letters to help their clients.
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? Questions a Landlord Does Not Have the Right to Ask a Tenant Who Needs an Emotional Support Animal 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? Can you evict a tenant because of their emotional support animal? What Fees (If Any) Can a Landlord Charge for an Emotional Support Animal? What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support Animal The Fair Housing Act (FHA) & LandlordsIf you’re a landlord, the Fair Housing Act (FHA) likely applies to you. Under this federal law, landlords have to accommodate people with disabilities, including those who need emotional support animals (ESAs). That means landlords have to make exceptions to no-pet policies, pet fees, and pet breed/size restrictions when it comes to ESAs. Here’s who the FHA covers:
Individual landlords who own and rent out properties Property management companies Real estate agents and brokers Homeowners associations Condominium boards Housing developers and buildersSome smaller landlords are exempt from Fair Housing rules:
Housing operated by religious organizations and private clubs that limit occupancy to members Owner-occupied buildings with 4 or fewer units (known as the “Mrs. Murphy exemption”) Single-family homes rented without a broker if the owner owns 3 or fewer such homes 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 approved for an ESA for mental health-related purposes.
Under Fair Housing rules, an ESA letter is the only document a landlord can request to verify that the tenant has an actual need for an emotional support animal. An ESA letter contains the healthcare professional’s opinion on whether the tenant has a qualifying disability and their belief that an emotional support animal assists with that health condition.
As a landlord, you can’t ask for registrations, licenses, or certificates to verify an emotional support animal. You also can’t request that the tenant’s healthcare provider fill out special forms. The only proof you can demand is an ESA letter.
How can a landlord verify an ESA letter?As a landlord, you have the right to verify that the tenant’s ESA letter is real and from a healthcare professional who is licensed. A proper ESA letter should be written on the mental health professional’s letterhead, along with their contact information (phone number, email address) and license number. You can check to see if a provider’s license number is active by visiting your state’s website for licensed professionals.
An ESA Letter should include the professional’s license number, the date it was issued, and a signature.
If you have any concerns about the validity of the letter, we don’t recommend contacting the mental health professional directly. You should get the tenant’s permission first, and when discussing the tenant’s ESA letter with the provider, limit the conversation to just a simple confirmation of whether the letter was written for the tenant. HUD guidelines forbid asking about the tenant’s medical history or details regarding their health condition. The provider will also not be able to discuss such matters due to privacy rules regarding patient/client relationships.
Questions a Landlord Does Not Have the Right to Ask a Tenant Who Needs an Emotional Support AnimalRemember, you must respect the tenant’s right to privacy regarding their health condition. While you are free to ask for an ESA letter confirming they have a disability-related need for an emotional support animal, you can’t ask for details about their condition or medical history.
There are several questions that could get you into trouble, like the following:
“What is your specific diagnosis, and how severe is it?” “How long have you been in therapy?” “What medications do you take?” “Can I 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 emotional support animals, your tenant has the right to possess just about any animal as an emotional support animal as long as it is a common household pet that is safe to keep in their home.
You don’t have to allow for exotic animals or animals that threaten the health or safety of other tenants. Any emotional support animal can be evicted if it is guilty of those things. No matter what type of ESA it is, the tenant is always responsible for their ESA’s actions and any damage they might cause.
How many emotional support animals do landlords have to allow?Tenants are allowed to have more than one emotional support animal. However, the tenant’s healthcare professional has to agree that each emotional support animal is necessary. The tenant’s ESA letter should specifically reference each emotional support animal they want to be approved. As a landlord, you can also limit the number of ESAs a tenant has if you believe the presence of the ESAs would create a real safety or health issue for other residents.
Where is the emotional support animal allowed?Under HUD’s housing rules, tenants can bring their ESAs:
“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 like the following:
Lobbies and hallways Community rooms and resident lounges Laundry facilities Outdoor spaces like courtyards and walking paths Elevators and stairwells Parking areas MailroomsHowever, 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?There are times when a landlord has a legal right to deny a tenant’s request to have an emotional support animal in the following circumstances:
The ESA is compromising the health of other tenants The ESA has exhibited dangerous or aggressive behavior towards other tenants or animals. The ESA has caused substantial property damage. The ESA is significantly disrupting the other tenant’s ability to enjoy their homes. The presence of the ESA is causing an undue financial burden. 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. They must then see if the insurance company has a policy with an exception for the assistance animal. If not, an investigation may be launched against the insurance company for potential disability discrimination. We recommend that landlords tread cautiously when it comes to denying an ESA based on breed. A better reason to deny an ESA would be if the landlord had real evidence the ESA is dangerous.
Can you evict a tenant because of their emotional support animal?The answer isn’t a simple yes or no — it really depends on the situation. While emotional support animals have important legal protections, they aren’t given a free pass for bad behavior.
You can evict the emotional support animal if they:
Pose a direct threat to others (like repeatedly aggressive behavior toward other tenants) Cause significant damage (think torn-up carpets, chewed walls, or bathroom accidents that damage flooring) Create ongoing disruptions (such as constant barking that interferes with other tenants’ right to quiet enjoyment)But here’s what’s not okay — you can’t evict just because:
Your property has a “no pets” policy The animal is a breed you don’t allow (like a pit bull) The animal exceeds your usual weight limits You simply prefer not to have animals in your building Other tenants don’t like having animals aroundIf a tenant’s emotional support dog barks occasionally during the day, that’s probably not grounds for eviction. But if the same dog barks constantly throughout the night, lunges at neighbors in the hallway, and has destroyed the apartment’s carpeting — those behaviors could justify eviction, even though it’s an ESA.
Remember: Before considering eviction, you should first try working with the tenant to address any issues. Document all incidents carefully and consider whether reasonable accommodations could solve the problem. Better yet, consult with a lawyer who specializes in fair housing law before taking action.
What Fees (If Any) Can a Landlord Charge for an Emotional Support Animal?If your tenant has an emotional support animal, you can’t treat it like a regular pet regarding fees. That means no pet deposits, no monthly pet rent, and no special application fees — even if you normally charge these for other tenants’ pets. Of course, if the animal damages something, you can still charge for repairs just like you would with any other tenant damage. Here’s a common situation that comes up: Say your tenant paid a pet deposit when they first moved in with their dog, but later they qualify for that same dog as an emotional support animal. Once they show you their ESA documentation, you’ll need to refund that deposit and stop charging any monthly pet fees going forward. You don’t, however, have to refund monthly pet fees from before they had their ESA letter.
What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support AnimalIf you violate the rights of a tenant with an emotional support animal, you can face lawsuits from the government and the tenant. The following are some examples of cases where landlords were charged with not following ESA rules:
In a case in Florida, a Pensacola property manager faced HUD discrimination charges for allegedly violating a disabled tenant’s rights regarding her emotional support animal and live-in caregiver. Despite the tenant providing ESA documentation three times and having her son move in as a caregiver, the manager allegedly served her with eviction notices claiming unauthorized pets and occupants. This case shows how landlords can face serious consequences for ignoring or denying reasonable accommodation requests for ESAs and caregivers, especially when proper documentation has been provided. The case highlights HUD’s active enforcement of Fair Housing protections for disabled tenants.
In a case in New York, a Manhattan co-op owner was awarded $750,000 ($165,000 in damages plus $585,000 for her shares) after being wrongfully evicted over her three emotional support parrots. Despite the tenant providing documentation from a mental health professional stating the parrots were necessary for her mental well-being, and despite city inspectors finding no evidence of noise violations after 15 separate complaints, The Rutherford proceeded with eviction. This case serves as a stark warning to housing providers about the serious financial consequences of violating fair housing protections for emotional support animals.
TESTIMONIALS
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I have been able to travel with my service animal stress free after getting help from Service Dog Certifications.
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