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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0616.01 Sam Anderson x4218 HOUSE BILL 26-1045
House Committees Senate Committees
Transportation, Housing & Local Government Local Government & Housing
A BILL FOR AN ACT
CONCERNING HOUSING PROTEC TIONS FOR INDIVIDUALS WITH101
DISABILITIES.102
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
SENATE
3rd Reading Unamended
April 14, 2026
SENATE
2nd Reading Unamended
April 13, 2026
HOUSE
3rd Reading Unamended
February 4, 2026
HOUSE
Amended 2nd Reading
February 2, 2026
HOUSE SPONSORSHIP
Clifford and Zokaie, Bacon, Froelich, Garcia, Joseph, Lindsay, Mabrey, Nguyen, Rutinel,
Sirota, Story, Woodrow
SENATE SPONSORSHIP
Danielson and Kipp, Amabile, Benavidez, Coleman, Cutter, Exum, Gonzales J., Jodeh,
Kolker, Marchman, Wallace, Weissman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
to have an equal opportunity to use and enjoy housing.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. 2
(1) The general assembly finds and declares that:3
(a) State and federal law currently permit an individual with a4
disability to request a reasonable accommodation from a housing provider5
to ensure equa l access to housing throughout Colorado. A reasonable6
accommodation encompasses a broad range of disability-related needs7
and is intended to provide flexib ility for both housing pr oviders and8
individuals with disabilities to achieve equitable outcomes.9
(b) Under existing law, an individual seeking a reasonable10
accommodation to keep an assistance animal is required to demonstrate11
that they have a disability and that the assistance animal is necessary to12
address a disability-related need;13
(c) Recent changes in federal policy have created uncertainty and14
increased the risk of litigation in this area. These changes include the15
rescission of federal guidance that previously assisted housing providers16
and individuals with disabilities in understanding their respective rights17
and obligations regarding assistance animals. As a result, the absence of18
clear guidance has led to confusion and inconsistent interpretation of19
applicable laws.20
(d) The purpose of this act is to restore the rescinded federal21
guidance by codifying it in state law. By doing so, the general assembly22
intends to provide clarity and predictability for both housing providers23
and individuals with disabilities, promote consistent application of the24
law, and reduce unnecessary litigation arising from ambiguity in a25
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commonly applied statute. 1
SECTION 2. In Colorado Revised Statutes, 24-34-301, add (2.5)2
and (8.5) as follows:3
24-34-301. Definitions.4
As used in parts 3 to 10 of this article 34, unless the context5
otherwise requires:6
(2.5) "ASSISTANCE ANIMAL" MEANS AN ANIMAL THAT DOES WORK,7
PERFORMS TASKS , ASSISTS , OR PROVIDES THERAPEUTIC EMOTIONAL8
SUPPORT TO AN INDIVIDUAL WITH A DISABILITY . "ASSISTANCE ANIMAL"9
INCLUDES AN EMOTIONAL SUPPORT ANIMAL AND A SERVICE ANIMAL.10
(8.5) "EMOTIONAL SUPPORT ANIMAL" MEANS AN ANIMAL THAT11
PROVIDES SOLELY EMOTIONAL SUPPORT TO AN INDIVIDUAL TO ALLEVIATE12
A SYMPTOM OR AN EFFECT OF A DISABILITY.13
SECTION 3. In Colorado Revised Statutes, 24-34-501, add (3.5)14
as follows:15
24-34-501. Definitions.16
As used in this part 5, unless the context otherwise requires:17
(3.5) "REASONABLE ACCOMMODATION" MEANS AN EXCEPTION OR18
ADJUSTMENT TO A RULE , POLICY, PRACTICE, OR SERVICE THAT MAY BE19
NECESSARY FOR AN INDIVIDUAL WITH A DISABILITY TO HAVE EQUAL20
OPPORTUNITY TO USE AND ENJOY HOUSING , INCLUDING PUBLIC AND21
COMMON-USE SPACES.22
SECTION 4. In Colorado Revised Statutes, 24-34-502, add23
(1)(a)(III) as follows:24
24-34-502. Unfair housing practices prohibited - definition.25
(1) It is an unfair housing practice, unlawful, and prohibited:26
(a) (III) F OR THE PURPOSES OF SUBSECTION (1)(a)(I) OF THIS27
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SECTION:1
(A) T HE MERE PRESENCE OF AN ASSISTANCE ANIMAL DOES NOT2
CONSTITUTE A DIRECT THREAT TO HEALTH OR SAFETY.3
(B) T HE MERE PRESENCE OF AN ASSISTANCE ANIMAL IS NOT4
PRESUMED TO RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO THE5
PROPERTY OF OTHERS.6
(C) A HOUSING PROVIDER MAY CONSIDER DOCUMENTED, SPECIFIC7
CONDUCT OF AN ASSISTANCE ANIMAL THAT POSES A DIRECT THREAT TO8
THE HEALTH OR SAFETY OF OTHERS OR CAUSES SUBSTANTIAL PHYSICAL9
DAMAGE TO PROPERTY.10
SECTION 5. In Colorado Revised Statutes, 24-34-502.2, amend11
(2) introductory portion and (2)(b) as follows:12
24-34-502.2. Unfair or discriminatory housing practices13
against individuals with disabilities prohibited.14
(2) For purposes of this section, "discrimination" includes both15
segregate and separate and includes but is not limited to ALL OF THE16
FOLLOWING:17
(b) (I) A refusal to make reasonable accommodations in rules,18
policies, practices, or services when such accommodations may be19
necessary to afford the individual with a disability equal opportunity to20
use and enjoy a dwelling. and21
(II) FOR PURPOSES OF THIS SUBSECTION (2)(b):22
(A) PERMITTING AN ASSISTANCE ANIMAL IN HOUSING IS PRESUMED23
TO BE A REASONABLE ACCOMMODATION, SO LONG AS A HOUSING24
PROVIDER HAS BEEN GIVEN AN OPPORTUNITY TO ENGAGE IN AN25
INTERACTIVE ACCOMMODATION PROCESS WITH THE INDIVIDUAL26
REQUESTING THE ACCOMMODATION;27
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(B) T HE COMPLETE PROHIBITION OF ASSISTANCE ANIMALS IN1
HOUSING IS PRESUMED TO BE DISCRIMINATORY UNDER THIS PART 5; AND2
(C) A HOUSING PROVIDER DOES NOT ENGAGE IN A3
DISCRIMINATORY HOUSING PRACTICE SOLELY FOR REQUESTING4
REASONABLE DOCUMENTATION SUPPORTING THE CLAIM OF DISABILITY OR5
DISABILITY-RELATED NEED FOR AN ASSISTANCE ANIMAL OR ENGAGING IN6
A GOOD FAITH INTERACTIVE PROCESS TO EVALUATE A REQUEST FOR AN7
ASSISTANCE ANIMAL, UNLESS THE DISABILITY OR DISABILITY RELATED8
NEED IS OBVIOUS.9
SECTION 6. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly (August12
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a13
referendum petition is filed pursuant to section 1 (3) of article V of the14
state constitution against this act or an item, section, or part of this act15
within such period, then the act, item, section, or part will not take effect16
unless approved by the people at the general election to be held in17
November 2026 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
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