House Bill 25-1207 Revised

A Bill for an Act

• Page 1, Line 101Concerning measures to address barriers to pet ownership in

• Page 1, Line 102connection with residing in a residential structure.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law prohibits an insurer from refusing to insure or increasing a premium for a homeowners insurance policy or a dwelling fire insurance policy based on the breed or mixture of breeds of a dog that is kept at a dwelling unless the dog is known to be dangerous or has been declared to be dangerous. Section 1 of the bill defines the term "homeowners insurance" to clarify that this provision applies to all residential structures used for a residence and occupied by an owner or renter.

The "Colorado Housing Act of 1970" provides financing for building or rehabilitating affordable housing. Section 2 requires each housing development that receives financing to authorize tenants of the affordable housing to own or keep one or more pet animals, subject to reasonable conditions.

Current law authorizes a tax credit for affordable housing. Section 3 requires the person claiming the tax credit to allow tenants to own or keep one or more pet animals at the unit that the tenant resides in, subject to reasonable conditions.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 10-4-110.8, amend(16)(a) and (16)(b) as follows:

• Page 2, Line 310-4-110.8.  Homeowners insurance - prohibited and required

• Page 2, Line 4practices - estimates of replacement value - additional living expense

• Page 2, Line 5coverage - copies of policies - personal property contents coverage -

• Page 2, Line 6inventory of personal property - requirements concerning total loss

• Page 2, Line 7scenarios resulting from wildlife disasters - definitions - rules.

• Page 2, Line 8(16) (a)  An insurer shall not refuse to issue, cancel, refuse to renew, or

• Page 2, Line 9increase a premium or rate for a homeowner's homeowners insurance

• Page 2, Line 10policy, or a dwelling fire insurance policy, a commercial policy for

• Page 2, Line 11multifamily units, or a policy to cover the contents of a

• Page 2, Line 12structure used for a residence and occupied by an owner or

• Page 2, Line 13renter based on the breed or mixture of breeds of a dog that is kept at the dwelling, multifamily unit, or structure used as a residence.

• Page 2, Line 14(b)  This subsection (16) does not prohibit an insurer from refusing

• Page 2, Line 15to issue, cancelling canceling, refusing to renew, or imposing a

• Page 2, Line 16reasonable increase to a premium or rate for a homeowner's

• Page 2, Line 17homeowners insurance policy, or a dwelling fire insurance policy, a

• Page 3, Line 1commercial policy for multifamily units, or a policy to cover

• Page 3, Line 2the contents of a structure used for a residence and occupied by

• Page 3, Line 3an owner or renter based on sound underwriting and actuarial

• Page 3, Line 4principles on the basis that a particular dog kept at the dwelling,

• Page 3, Line 5multifamily unit, or structure used as a residence is known to be

• Page 3, Line 6dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.

• Page 3, Line 7SECTION 2.  In Colorado Revised Statutes, add 24-32-735 as follows:

• Page 3, Line 824-32-735.  Pet-inclusive publicly financed housing - definitions

• Page 3, Line 9- rules. (1)  As used in this section, unless the context otherwise requires:

• Page 3, Line 10(a)  "Landlord" has the meaning set forth in section 38-12-502 (5).

• Page 3, Line 11(b)  "Pet animal" means a dog or cat that is commonly kept

• Page 3, Line 12in the home for companionship rather than for commercial purposes.

• Page 3, Line 13(c) (I)  "Reasonable conditions" may include:

• Page 3, Line 14(A)  Prohibitions on ownership of a dangerous dog in violation of section 18-9-204.5;

• Page 3, Line 15(B)  Policies on nuisance behaviors;

• (C)  Leashing requirements and waste removal;

• Page 3, Line 16(D)  Requirements that a tenant have liability insurance;

• Page 3, Line 17(E)  Limitations on having more than two pet animals or on

• Page 3, Line 18the number of pet animals permitted in a single unit determined

• Page 3, Line 19by the size of the unit;

• Page 4, Line 1(F)  Requirements for pet security deposits and pet rent, subject to section38-12-106; or

• Page 4, Line 2(G)  A time-limited determination that a pet allowance

• Page 4, Line 3would not be in the best interest or safety of the pet or tenant

• Page 4, Line 4based on individualized circumstances made by a medical

• Page 4, Line 5professional licensed pursuant to article 240 of title 12 or by a

• Page 4, Line 6mental health professional licensed, registered, or certified

• Page 4, Line 7pursuant to article 245 of title 12. To remove the pet from the

• Page 4, Line 8tenant's residence under this subsection (1)(c)(I)(G), a plan must

• Page 4, Line 9be made that identifies where the pet will be placed and how the

• Page 4, Line 10pet will be reunified with the tenant upon expiration of the determination.

• Page 4, Line 11(II)  "Reasonable conditions" does not include:

• (A)  A prohibition on having up to two pet animals; or

• Page 4, Line 12(B)  Prohibitions on pet animal breeds or weight restrictions of a pet animal.

• Page 4, Line 13(2)  The division shall require each housing development

• Page 4, Line 14that receives financing from the division on or after January 1,

• Page 4, Line 152026, pursuant to this article 32, to authorize tenants of the

• Page 4, Line 16affordable housing to own or keep up to two pet animals, subject

• Page 4, Line 17to reasonable conditions and applicable state and local laws

• Page 4, Line 18governing public health, animal control, and animal

• Page 4, Line 19anti-cruelty, and the reasonable and applicable rules adopted by the division or the department of local affairs.

• Page 4, Line 20(3)  This section does not limit or affect other laws that

• Page 4, Line 21require reasonable accommodations to be made for an

• Page 4, Line 22individual with a disability who maintains an animal to provide assistance, service, or support.

• Page 5, Line 2SECTION 3.  Act subject to petition - effective date -

• Page 5, Line 3applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 5, Line 4the expiration of the ninety-day period after final adjournment of the

• Page 5, Line 5general assembly; except that, if a referendum petition is filed pursuant

• Page 5, Line 6to section 1 (3) of article V of the state constitution against this act or an

• Page 5, Line 7item, section, or part of this act within such period, then the act, item,

• Page 5, Line 8section, or part will not take effect unless approved by the people at the

• Page 5, Line 9general election to be held in November 2026 and, in such case, will take

• Page 5, Line 10effect on the date of the official declaration of the vote thereon by the governor.

• Page 5, Line 11(2)  Section 1 of this act applies to insurance policies issued or renewed on or after the applicable effective date of this act.