House Bill 26-1045 Introduced

A Bill for an Act

• Page 1, Line 101Concerning housing protections for individuals with

• Page 1, Line 102disabilities.

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.)

The bill defines the terms "assistance animal" and "emotional support animal" as used in the "Colorado Anti-discrimination Act" (CADA) and other specified provisions of law. The bill also defines the term "reasonable accommodation" as it applies to housing practices included in CADA and specifies relevant factors related to assessing reasonable accommodations necessary for an individual with a disability to have an equal opportunity to use and enjoy housing.

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

• Page 2, Line 2SECTION 1.  Legislative declaration.

• Page 2, Line 3(1)  The general assembly finds and declares that:

• Page 2, Line 4(a)  State and federal law currently permit an individual with a

• Page 2, Line 5disability to request a reasonable accommodation from a housing provider

• Page 2, Line 6to ensure equal access to housing throughout Colorado. A reasonable

• Page 2, Line 7accommodation encompasses a broad range of disability-related needs

• Page 2, Line 8and is intended to provide flexibility for both housing providers and

• Page 2, Line 9individuals with disabilities to achieve equitable outcomes.

• Page 2, Line 10(b)  Under existing law, an individual seeking a reasonable

• Page 2, Line 11accommodation to keep an assistance animal is required to demonstrate

• Page 2, Line 12that they have a disability and that the assistance animal is necessary to

• Page 2, Line 13address a disability-related need;

• Page 2, Line 14(c)  Recent changes in federal policy have created uncertainty and

• Page 2, Line 15increased the risk of litigation in this area. These changes include the

• Page 2, Line 16rescission of federal guidance that previously assisted housing providers

• Page 2, Line 17and individuals with disabilities in understanding their respective rights

• Page 2, Line 18and obligations regarding assistance animals. As a result, the absence of

• Page 2, Line 19clear guidance has led to confusion and inconsistent interpretation of

• Page 2, Line 20applicable laws.

• Page 2, Line 21(d)  The purpose of this act is to restore the rescinded federal

• Page 2, Line 22guidance by codifying it in state law. By doing so, the general assembly

• Page 2, Line 23intends to provide clarity and predictability for both housing providers

• Page 2, Line 24and individuals with disabilities, promote consistent application of the

• Page 2, Line 25law, and reduce unnecessary litigation arising from ambiguity in a

• Page 3, Line 1commonly applied statute.

• Page 3, Line 2SECTION 2.  In Colorado Revised Statutes, 24-34-301, add (2.5)

• Page 3, Line 3and (8.5) as follows:

• Page 3, Line 424-34-301.  Definitions.

• Page 3, Line 5As used in parts 3 to 10 of this article 34, unless the context

• Page 3, Line 6otherwise requires:

• Page 3, Line 7(2.5)  "Assistance animal" means an animal that does work,

• Page 3, Line 8performs tasks, assists, or provides therapeutic emotional

• Page 3, Line 9support to an individual with a disability. "Assistance animal"

• Page 3, Line 10includes an emotional support animal and a service animal.

• Page 3, Line 11(8.5)  "Emotional Support Animal" means an animal that

• Page 3, Line 12provides emotional support to an individual to alleviate a

• Page 3, Line 13symptom or an effect of a disability.

• Page 3, Line 14SECTION 3.  In Colorado Revised Statutes, 24-34-501, add (3.5)

• Page 3, Line 15as follows:

• Page 3, Line 1624-34-501.  Definitions.

• Page 3, Line 17As used in this part 5, unless the context otherwise requires:

• Page 3, Line 18(3.5)  "Reasonable accommodation" means an exception or

• Page 3, Line 19adjustment to a rule, policy, practice, or service that may be

• Page 3, Line 20necessary for an individual with a disability to have equal

• Page 3, Line 21opportunity to use and enjoy housing, including public and

• Page 3, Line 22common-use spaces.

• Page 3, Line 23SECTION 4.  In Colorado Revised Statutes, 24-34-502, add

• Page 3, Line 24(1)(a)(III) as follows:

• Page 3, Line 2524-34-502.  Unfair housing practices prohibited - definition.

• Page 3, Line 26(1)  It is an unfair housing practice, unlawful, and prohibited:

• Page 3, Line 27(a) (III)  For the purposes of subsection (1)(a)(I) of this

• Page 4, Line 1section:

• Page 4, Line 2(A)  The mere presence of an assistance animal does not

• Page 4, Line 3constitute a direct threat to health or safety.

• Page 4, Line 4(B)  The mere presence of an assistance animal is not

• Page 4, Line 5presumed to result in substantial physical damage to the

• Page 4, Line 6property of others.

• Page 4, Line 7SECTION 5.  In Colorado Revised Statutes, 24-34-502.2, amend

• Page 4, Line 8(2) introductory portion and (2)(b) as follows:

• Page 4, Line 924-34-502.2.  Unfair or discriminatory housing practices

• Page 4, Line 10against individuals with disabilities prohibited.

• Page 4, Line 11(2)  For purposes of this section, "discrimination" includes both

• Page 4, Line 12segregate and separate and includes: but is not limited to

• Page 4, Line 13(b) (I)  A refusal to make reasonable accommodations in rules,

• Page 4, Line 14policies, practices, or services when such accommodations may be

• Page 4, Line 15necessary to afford the individual with a disability equal opportunity to

• Page 4, Line 16use and enjoy a dwelling; and housing;

• Page 4, Line 17(II)  For purposes of this subsection (2)(b):

• Page 4, Line 18(A)  Permitting an assistance animal in housing is presumed

• Page 4, Line 19to be a reasonable accommodation; and

• Page 4, Line 20(B)  The complete prohibition of assistance animals in

• Page 4, Line 21housing is presumed to be discriminatory under this part 5;

• Page 4, Line 22SECTION 6.  Safety clause. The general assembly finds,

• Page 4, Line 23determines, and declares that this act is necessary for the immediate

• Page 4, Line 24preservation of the public peace, health, or safety or for appropriations for

• Page 4, Line 25the support and maintenance of the departments of the state and state

• Page 4, Line 26institutions.