Colorado's New Assistance Animal Law: What Landlords Need to Know About HB26-1045

As of August 12, 2026, Colorado landlords are subject to a new set of rules governing assistance animals. House Bill 26-1045 writes assistance animal protections, including protections for emotional support animals, directly into the Colorado Anti-Discrimination Act. If you own or manage rental property in Colorado, this law changes how you must respond when a tenant or applicant asks to keep an assistance animal, and it raises the cost of handling those requests badly.

Why the Legislature Acted

For years, landlords and tenants evaluated assistance animal requests under guidance issued by the U.S. Department of Housing and Urban Development. That guidance explained when a housing provider had to accommodate an assistance animal, what documentation could be requested, and how emotional support animals fit into the picture. Earlier this year, HUD rescinded that guidance and narrowed its interpretation of “assistance animal” to service animals trained to perform specific disability-related tasks.

Colorado responded almost immediately. Governor Polis signed HB26-1045 on May 28, 2026, and the General Assembly was explicit about what it was doing: the stated purpose of the act is to “restore the rescinded federal guidance by codifying it in state law.” The practical effect is that whatever happens at the federal level, assistance animal requests in Colorado, including requests to keep emotional support animals, are now governed by state statute and enforced through the Colorado Anti-Discrimination Act.

What Counts as an Assistance Animal

The law broadens the definition of “ to An “assistance animal” is an animal that does work, performs tasks, assists, or provides therapeutic emotional support to an individual with a disability, and the definition expressly includes both service animals and emotional support animals.  C.R.S. § 24-34-301. An “emotional support animal” is defined as an animal that provides solely emotional support to alleviate a symptom or an effect of a disability. There is no specific task the animal must do, or training required. An ordinary house pet can qualify as an emotional support animal if it alleviates a symptom or effect of a tenant's disability.

The law also defines “reasonable accommodation” for the first time in this part of the statute: an exception or adjustment to a rule, policy, practice, or service that may be necessary for an individual with a disability to have equal opportunity to use and enjoy housing, including public and common-use spaces. The full text of the signed act is available here.

Three Presumptions That Change the Landscape

First, the heart of the new law is a set of presumptions that will operate against landlords in any dispute.  Under C.R.S. § 24-34-502.2(2)(b), permitting an assistance animal in housing is now presumed to be a reasonable accommodation, so long as the housing provider has been given an opportunity to engage in an interactive accommodation process with the person requesting it. In other words, once a tenant makes a request and gives you the chance to discuss it, the starting point under the law is that the animal stays.

Second, a complete prohibition of assistance animals in housing is presumed to be discriminatory. A “no pets” policy remains perfectly lawful as applied to pets, but it cannot be applied as a blanket answer to an assistance animal request. If your lease or your property manager's standard response treats “no pets” as the end of the conversation, that is now presumptively a violation of state law.

Third, under C.R.S. § 24-34-502(1)(a)(III), the mere presence of an assistance animal does not constitute a direct threat to health or safety and is not presumed to result in substantial physical damage to property. This forecloses denials based on breed, size, or species assumptions alone. A denial premised on “that dog looks dangerous” or “large dogs damage carpet” will not hold up.

What Landlords May Still Do

The statute is not a one-way street, and the tools it preserves are worth understanding, because they are now your primary means of managing these requests.

If the tenant's disability or disability-related need is not obvious, you may request reasonable documentation supporting the claim, and the statute says expressly that requesting such documentation or engaging in a good-faith interactive process to evaluate the request is not itself a discriminatory housing practice. However, if the disability or need is obvious, you should not demand paperwork. And requiring documentation beyond what is reasonable never was.

You may also consider documented, specific conduct of a particular animal that poses a direct threat to the health or safety of others or causes substantial physical damage to property. The operative words are “documented” and “specific.” A bite incident, an attack on another tenant's animal, or actual, substantial property damage—recorded contemporaneously—can support denying or revoking an accommodation. Generalized concerns cannot.

One related point that trips up many landlords: an assistance animal is not a pet. If you grant an accommodation, pet rent, pet deposits, and pet fees do not apply to that animal. Charging them invites exactly the kind of complaint this statute is designed to encourage.

Consequences of Non-Compliance

A refusal to make a reasonable accommodation is an unfair housing practice under the Colorado Anti-Discrimination Act. That exposes you to a charge before the Colorado Civil Rights Division, with the possibility of damages, attorney fees, and injunctive relief. The General Assembly said it passed this law to reduce litigation arising from ambiguity. Perhaps it will. But in the near term, expect tenant rights lawyers and advocacy organizations to test these presumptions.

What Steps Should Landlords Take Now?

First, review your leases, pet policies, and advertising. Any no-pet policy, breed restriction, or weight limit needs an express carve-out for assistance animals, and your property manager needs to understand that an assistance animal request is an accommodation request, not a pet application.

Second, build a written process for handling requests. When a request comes in, engage in the interactive process and document each step: the request, your response, any documentation requested and received, and the outcome. Only request documentation when the disability or need is not obvious, and keep the request reasonable. 

Third, if an animal causes problems after an accommodation is granted, document the specific conduct immediately and in detail. Under the new law, documented, specific conduct is the only reliable basis for acting against an assistance animal, and the file you build in the first days after an incident will determine whether you can.

If you are uncertain whether your current policies comply with HB26-1045, or if you are facing an assistance animal request or dispute, Coakley Law can help. Our firm works extensively with independent Colorado landlords and understands both the practical realities of property management and the legal requirements you must navigate.

THIS IS NOT LEGAL ADVICE. This blog post provides general information about HB26-1045 and does not constitute legal advice. The application of this statute to specific situations depends on individual facts and circumstances. Landlords should consult with qualified legal counsel regarding their particular compliance obligations.