If you're a Denver landlord, you've likely dealt with tenants asking to keep animals that aren't just pets. Maybe they brought up a service dog, or requested to have an emotional support animal. Understanding service animal laws for Denver landlords is essential. It helps you follow federal law and Colorado state law and protects your rental properties from legal risk.
This article explains the difference between emotional support vs pets, what qualifies as a support animal, and what you can legally include in your lease or rental agreement. Read on.
What Counts as a Service Animal or Emotional Support Animal?
A service animal is usually a dog (or in some cases, a miniature horse) that is trained to perform specific tasks for a person with a disability. These tasks may include:
- Guiding someone with vision loss
- Assisting with mobility
- Supporting psychiatric conditions like post-traumatic stress disorder
Service animals are protected under the Americans with Disabilities Act and must be allowed in public spaces such as stations, restaurants, gyms, and recreational facilities.
An emotional support animal provides comfort for people with emotional disabilities like anxiety or depression. These animals aren’t trained to perform tasks, so they aren’t considered service animals under the ADA. However, under emotional support animal laws, they’re protected in housing under the Fair Housing Act.
Both types are considered assistance animals, not pets. That means landlords cannot apply pet policies, pet rent, or require a pet deposit.
Emotional Support Animal Laws in Colorado Rentals
The Fair Housing Act and Colorado law require housing providers to offer reasonable accommodations for tenants who have a disability-related need for an assistance animal. This is true even if your unit has a no-pet policy.
Under guidance from the Colorado Department of Regulatory Agencies, landlords must provide full and equal access to tenants with support animals, unless the animal poses a direct threat to others or is likely to cause significant damage. These animal laws apply across all rental establishments, including single-family homes, condos, and apartment buildings.
These protections apply to all people with disabilities regardless of national origin or other protected traits. The goal is to ensure equal access to housing for everyone.
What Landlords Can Request
You are allowed to ask for documentation that supports the tenant’s disability-related need. This usually means an ESA letter, or emotional support animal letter, written by a licensed mental health professional or another mental health professional. The letter should confirm that the tenant has an emotional disability and that the support animal helps relieve symptoms.
You may not ask for personal medical records or demand details about the diagnosis. When it comes to a service dog, your questions are even more limited. You may only ask:
- Is the animal needed because of a person's disability?
- What tasks is the animal trained to perform?
Where Service and Support Animals Are Allowed
In housing, assistance animals must be allowed into the unit and any shared areas, like lobbies or mailrooms. Other locations, such as parks, libraries, restaurants, and convention centers, are governed by public accommodation laws.
For example, service dogs are allowed in most public spaces, including recreation and recreational facilities, gyms, and places that serve food. Emotional support animals are generally not permitted in these settings, unless covered by specific laws like the Air Carrier Access Act, which applies to flights.
Support Animal Laws That Impact Your Denver Lease
Understanding how service animals and emotional support animals are treated under Colorado law and federal law is critical for any landlord in the Denver rental market. These animals are not pets. They come with legal protections that override your standard lease or rental agreement, pet rent, or no pet policy.
Following these laws helps you avoid fair housing violations and keeps your lease enforceable. Keeping your policies up to date, and knowing how to handle requests, gives you more control over your rentals without risking penalties.
At Mavi Unlimited, we understand that strong property management begins with smart, informed decisions. We work with landlords across the Denver Metro Area to protect leases, support rental goals, and stay compliant with changing regulations.
Call us today to learn how our expert property managers can help you stay ahead of the rules while keeping your rental properties running smoothly.
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