HB 1045 — Disabilities Housing Protections

NOTE:HOUSE BILL 26-1045 BYREPRESENTATIVE(S) Clifford and Zokaie, Bacon, Froelich, Garcia, Joseph, Lindsay, Mabrey, Nguyen, Rutinel, Sirota, Story, Woodrow;

Thisalso billSENATOR(S) hasDanielson beenand preparedKipp, forAmabile, theBenavidez, signaturesCutter, ofExum, theGonzales appropriateJ., legislativeJodeh, officersKollfor, and··Marchman, theWallace, Governor.Weissman, Coleman.

ToCONCERNING determineHOUSING whetherPROTECTIONS theFOR GovernorINDIVIDUALS hasWITH signedDISABILITIES. the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

HOUSEBe BILLit 26-1045enacted BYREPRESENTATIVE(S)CliffordandZokaie,Bacon,Froelich,Garcia,by Joseph,the Lindsay,GeneralAssembly Mabrey,ofthe Nguyen,State Rutinel,ofColorado: Sirota, Story, Woodrow;

also SENATOR(S) Danielson and Kipp, Amabile, Benavidez, Cutter, Exum, Gonzales J., Jodeh, Kolker, Marchman, Wallace, Weissman, Coleman.

CONCERNING HOUSING PROTECTIONS FOR INDIVIDUALS WITH DISABILITIES .

Be it enacted by the General Assembly of the State of Colorado:

A reasonable accommodation encompasses a broad range ofofdisability-related disability-relatedneedsandneeds isintendedtoprovideflexibilityforbothhousingprovidersandindividualsand is intendedto provide flexibility for bothhousingproviders and individuals with disabilities to achieve equitable outcomes.

(b) Under existing law, an individual seeking a reasonable accommodationtokeepanassistanceanimalisrequiredtodemonstratethataccommodationto keepanassistance animal isrequiredtodemonstratethat Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

theyhavethey have a disabilityanddisability and that the assistance animal is necessarytonecessary to address a disability-related need;

These changes include the rescission of federal guidance that previously assisted housing providers andindividualswithdisabilitiesinunderstandingtheirrespectiverightsandandindividualswithdisabilities inunderstandingtheirrespectiverights and obligations regarding assistance animals.

As a result, the absence ofofclear clear guidance has led to confusion and inconsistent interpretation ofofapplicable applicable laws.

By doing so, the general assembly intends to provide clarityandclarity predictabilityforand predictability for both housing providers and individualswithdisabilities,promoteconsistentapplicationofthelaw,andindividuals reduceunnecessarylitigationarisingfromambiguityinacommonlyappliedwith disabilities, promote consistent application ofthe law, and reduceunnecessarylitigationarisingfrom ambiguityinacommonlyapplied statute.

(2.5) "ASSISTANCE ANIMALANIMAL" "MEANSMEANS AN ANIMAL THAT DOES WORKWORK, ,PERFORMSTASKS,ASSISTS, PERFORMSTASKSORPROVIDES ,ASSISTSTHERAPEUTIC ,ORPROVIDESTHERAPEUTICEMOTIONALSUPPORTEMOTIONALSUPPORT TOANINDIVIDUALWITHADISABILITYTOANINDIVIDUAL ."ASSISTANCEANIMALWITHADISABILITY. "INCLUDESAN EMOTIONAL SUPPORT ANIMAL AND A SERVICE ANIMAL .

(8.5)"ASSISTANCEANIMAL" "EINCLUDES MOTIONALAN EMOTIONAL SUPPORT A NIMAL " MEANS AN ANIMAL THATAND PROVIDESSOLELYEMOTIONALSUPPORTTOANINDIVIDUALTOALLEVIATEA SYMPTOM OR AN EFFECT OF A DISABILITYSERVICE .ANIMAL.

(8.5) "EMOTIONAL SUPPORT ANIMAL" MEANS AN ANIMAL THAT PROVIDES SOLELYEMOTIONALSUPPORT TO AN INDIVIDUAL TO ALLEVIATE A SYMPTOM ORAN EFFECT OF A DISABILITY.

(3.5) "REASONABLE ACCOMMODATIONACCOMMODATION" " MEANS AN EXCEPTION OR ADJUSTMENT TO A RULERULE, ,POLICYPOLICY, ,PRACTICEPRACTICE, ,OROR SERVICE THAT MAY BE NECESSARY FOR AN INDIVIDUAL WITH A DISABILITY TO HAVE EQUAL OPPORTUNITY TO USE AND ENJOY HOUSINGHOUSING, , INCLUDING PUBLIC AND COMMONCOMMON-USE -USESPACES. SPACES .

In Colorado Revised Statutes, 24-34-502, add (1)(a)(III)(l)(a)(III) as follows:

(1) ItItis is an unfair housing practice, unlawful, and prohibited:

(a) (III) FOR THE PURPOSES OF SUBSECTION (1)(a)(IOF(l)(a)(I) OF THIS SECTIONSECTION: :

(A) TTHE HE MERE PRESENCE OF AN ASSISTANCE ANIMAL DOES NOT CONSTITUTE A DIRECT THREAT TO HEALTH OR SAFETYSAFETY. .

(B) THE MERE PRESENCE OF AN ASSISTANCE ANIMAL IS NOT PRESUMEDTORESULTINSUBSTANTIALPHYSICALDAMAGETOTHEPROPERTY OF OTHERSOTHERS. .

(C) A HOUSING PROVIDER MAY CONSIDER DOCUMENTEDDOCUMENTED, ,SPECIFICSPECIFIC CONDUCTCONDUCTOFAN OFANASSISTANCEASSISTANCE ANIMALTHAT POSESADIRECTTHREATPOSES TOTHEADIRECTTHREATTOTHE HEALTHORSAFETYOFOTHERSORCAUSESSUBSTANTIALPHYSICALDAMAGEHEALTHORSAFETYOFOTHERSORCAUSES SUBSTANTIALPHYSICALDAMAGE TO PROPERTYPROPERTY. .

In Colorado Revised Statutes, 24-34-502.2,24-34-502.2amend amend (2) introductory portion and (2)(b) as follows:

UnfairordiscriminatoryhousingpracticesagainstUnfair ordiscriminatory housing practicesagainst individuals with disabilities prohibited.

(2) For purposes ofo f this section, "discrimination" includes both segregate and separate and includes but is not limited toLLto ALL OF THE FOLLOWINGFOLLOWING: :

PAGE 3-HOUSE BILL 26-1045 (b) (I) A refusal to make reasonable accommodations in rules,rnles, policies, practices, or servicesset vices when such accommodations may be necessarytonecessary to afford the individualwithindividual with a disabilityequaldisability opportunitytoequal opportunity to use and enjoy a dwelling.

and (II)(II)FOR FOR PURPOSES OF THIS SUBSECTION (2)(b):

(A) PPERMITTING ERMITTING AN ASSISTANCE ANIMAL IN HOUSING IS PRESUMED TO BE A REASONABLE ACCOMMODATIONACCOMMODATION, ,SOSO LONG AS A HOUSING PROVIDER HAS BEEN GIVEN AN OPPORTUNITY TO ENGAGE IN AN INTERACTIVE ACCOMMODATION PROCESS WITH THE INDIVIDUAL REQUESTING THE ACCOMMODATIONACCOMMODATION; ;

(B) THE COMPLETE PROHIBITION OF ASSISTANCE ANIMALS IN HOUSING IS PRESUMED TO BE DISCRIMINATORY UNDER THIS PART 5;AND5; (C) A HOUSING PROVIDER DOES NOT ENGAGE IN A DISCRIMINATORY HOUSINGPRACTICESOLELYFORREQUESTINGREASONABLEDOCUMENTATION SUPPORTINGTHECLAIMOFDISABILITYORDISABILITY -RELATEDNEEDFORAN ASSISTANCE ANIMALORENGAGINGINAGOODFAITHINTERACTIVE PROCESS TO EVALUATE A REQUEST FOR AN ASSISTANCE ANIMAL , UNLESS THE DISABILITY OR DISABILITY RELATED NEED IS OBVIOUS.

AND (C) A HOUSING PROVIDER DOES NOT ENGAGE IN A DISCRIMINATORY HOUSING PRACTICESOLELY FORREQUESTING 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.

on the day following the expiration of the ninety-dayperiodninety-day period after final adjournment ofofthe the general assembly(Augustassembly (August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestatereferendumpetition is filed pursuantto section 1(3) ofarticle V ofthe 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 approvedbythepeopleatthegeneralelectiontobeheldinNovember2026approved bythepeople atthe general election to be held inNovember2026 and, in such case, will take effect on the date ofofthe the official declaration of the vote thereon by the governor.

____________________________J ____________________________~ Julie McCluskie 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________________________________________APPROVED (Datel andtTh'VY"\. Time) _________________________________________ Jared S.

Polis~ GOVERNORVvlft OFz_~t\.<.D2-/e,0\,-l-$ THE0 STATE~ OF(DJte COLORADOand ime) ' PAGE 5-HOUSE BILL 26-1045