HB 1045

HOUSE BILL 26-1045
BY REPRESENTATIVE(S) Clifford and Zokaie, Bacon, Froelich, Garcia,
Joseph, Lindsay, Mabrey, Nguyen, Rutinel, Sirota, Story, Woodrow;
also SENATOR(S) Danielson and Kipp, Amabile, Benavidez, Cutter,
Exum, Gonzales J., Jodeh, Kollfor, ··Marchman, Wallace, Weissman,
Coleman.
CONCERNING HOUSING PROTECTIONS FOR INDIVIDUALS WITH DISABILITIES.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
        (a) State and federal law currently permit an individual with a
disability to request a reasonable accommodation from a housing provider
to ensure equal access to housing throughout Colorado. A reasonable
accommodation encompasses a broad range of disability-related needs and
is intended to provide flexibility for both housing providers and individuals
with disabilities to achieve equitable outcomes.
     (b) Under existing law, an individual seeking a reasonable
accommodation to keep an assistance animal is required to demonstrate that
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
they have a disability and that the assistance animal is necessary to address
a disability-related need;
        (c) Recent changes in federal policy have created uncertainty and
increased the risk of litigation in this area. These changes include the
rescission of federal guidance that previously assisted housing providers
and individuals with disabilities in understanding their respective rights and
obligations regarding assistance animals. As a result, the absence of clear
guidance has led to confusion and inconsistent interpretation of applicable
laws.
         (d) The purpose of this act is to restore the rescinded federal
guidance by codifying it in state law. By doing so, the general assembly
intends to provide clarity and predictability for both housing providers and
individuals with disabilities, promote consistent application of the law, and
reduce unnecessary litigation arising from ambiguity in a commonly applied
statute.
       SECTION 2. In Colorado Revised Statutes, 24-34-301, add (2.5)
and (8.5) as follows:
       24-34-301. Definitions.
      As used in parts 3 to 10 of this article 34, unless the context
otherwise requires:
       (2.5) "ASSISTANCE ANIMAL" MEANS AN ANIMAL THAT DOES WORK,
PERFORMS TASKS, ASSISTS, OR PROVIDES THERAPEUTIC EMOTIONAL SUPPORT
TO AN INDIVIDUAL WITH A DISABILITY. "ASSISTANCE ANIMAL" INCLUDES AN
EMOTIONAL SUPPORT ANIMAL AND A SERVICE ANIMAL.
      (8.5) "EMOTIONAL SUPPORT ANIMAL" MEANS AN ANIMAL THAT
PROVIDES SOLELY EMOTIONAL SUPPORT TO AN INDIVIDUAL TO ALLEVIATE A
SYMPTOM OR AN EFFECT OF A DISABILITY.
        SECTION 3. In Colorado Revised Statutes, 24-34-501, add (3 .5)
as follows:
       24-34-501. Definitions.
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       As used in this part 5, unless the context otherwise requires:
      (3.5) "REASONABLE ACCOMMODATION" MEANS AN EXCEPTION OR
ADJUSTMENT TO A RULE, POLICY, PRACTICE, OR SERVICE THAT MAY BE
NECESSARY FOR AN INDIVIDUAL WITH A DISABILITY TO HA VE EQUAL
OPPORTUNITY TO USE AND ENJOY HOUSING, INCLUDING PUBLIC AND
COMMON-USE SPACES.
       SECTION 4.  In Colorado Revised Statutes, 24-34-502, add
(l)(a)(III) as follows:
       24-34-502. Unfair housing practices prohibited - definition.
       (1) It is an unfair housing practice, unlawful, and prohibited:
      (a) (III)    FOR THE PURPOSES OF SUBSECTION (l)(a)(I) OF THIS
SECTION:
      (A) THE MERE PRESENCE OF AN ASSISTANCE ANIMAL DOES NOT
CONSTITUTE A DIRECT THREAT TO HEALTH OR SAFETY.
      (B) THE MERE PRESENCE OF AN ASSISTANCE ANIMAL IS NOT
PRESUMED TO RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO THE PROPERTY
OF OTHERS.
      (C) A HOUSING PROVIDER MAY CONSIDER DOCUMENTED, SPECIFIC
CONDUCT OF AN ASSISTANCE ANIMAL THAT POSES A DIRECT THREAT TO THE
HEALTH OR SAFETY OF OTHERS OR CAUSES SUBSTANTIAL PHYSICAL DAMAGE
TO PROPERTY.
       SECTION 5. In Colorado Revised Statutes, 24-34-502.2, amend
(2) introductory portion and (2)(b) as follows:
       24-34-502.2. Unfair or discriminatory housing practices against
individuals with disabilities prohibited.
      (2) For purposes of this section, "discrimination" includes both
segregate and separate and includes but is not limited to ALL OF THE
FOLLOWING:
PAGE 3-HOUSE BILL 26-1045
       (b) (I) A refusal to make reasonable accommodations in rnles,
policies, practices, or set vices when such accommodations may be
necessary to afford the individual with a disability equal opportunity to use
and enjoy a dwelling. and
       (II) FOR PURPOSES OF THIS SUBSECTION (2)(b ):
       (A) PERMITTING AN ASSISTANCE ANIMAL IN HOUSING IS PRESUMED
TO BE A REASONABLE ACCOMMODATION, SO LONG AS A HOUSING PROVIDER
HAS BEEN GIVEN AN OPPORTUNITY TO ENGAGE IN AN INTERACTIVE
ACCOMMODATION PROCESS WITH THE INDIVIDUAL REQUESTING THE
ACCOMMODATION;
       (B)    THE COMPLETE PROHIBITION OF ASSISTANCE ANIMALS IN
HOUSING IS PRESUMED TO BE DISCRIMINATORY UNDER THIS PART 5; AND
       (C) A HOUSING PROVIDER DOES NOT ENGAGE IN A DISCRIMINATORY
HOUSING PRACTICE SOLELY FOR REQUESTING REASONABLE DOCUMENTATION
SUPPORTINGTHECLAIMOFDISABILITYORDISABILITY-RELATEDNEEDFORAN
ASSISTANCE ANIMAL OR ENGAGING IN A GOOD FAITH INTERACTIVE PROCESS
TO EVALUATE A REQUEST FOR AN ASSISTANCE ANIMAL, UNLESS THE
DISABILITY OR DISABILITY RELATED NEED IS OBVIOUS.
       SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 4-HOUSE BILL 26-1045
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
J ~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~
 Vanessa Reilly
               ~  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED l t , h Th'VY"\. ~      Vvlft z_~t\... <.D2-/e, 0\,-l-.::f: $0~
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