Landlords must accommodate “emotional support animals” under Colorado Anti-Discrimination Act. House Bill 26-1045 defines “assistance animal” and “emotional support animal,” requires landlord accommodation, and expands discrimination litigation. Rep. Yara Zokaie (D-Fort Collins) sponsors it. Passed third reading February 3.
Unlike service animals requiring training to perform specific tasks, “emotional support animals” require only therapist letter claiming therapeutic benefit. No training required. Any animal qualifies.
Legitimate service animals: guide dogs, seizure alert dogs, extensively trained, perform specific tasks, protected under Americans with Disabilities Act.
“Emotional support animals”: no training, no specific tasks, any animal qualifies if therapist writes letter.
HB26-1045 forces landlords to accommodate the latter category. Tenants can claim any pet is “emotional support animal” and landlords must accept it. Property owners must accommodate animals regardless of pet policies, animal size or type, other tenants’ safety or allergies, or property damage risk.
The bill creates new grounds for housing discrimination lawsuits. Landlords face liability for declining to accommodate “emotional support animals.”
Trump administration’s HUD rescinded similar federal guidelines in 2025, recognizing “emotional support animal” designation was being abused. Colorado Democrats codify the practice into state law.
Online services sell “emotional support animal” letters for $100-200 with no legitimate therapeutic evaluation. Tenant pays $150 online, receives letter, presents to landlord, landlord must accommodate under this bill.
Landlords lose control over their properties. Contract freedom is violated. Property owners cannot enforce pet policies. Regulatory burden expands litigation risk and compliance costs.
With passage already occurred, implementation begins. Landlords need legal guidance on compliance.
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