How a Federal Rollback Became a Colorado Statute
The act's own legislative declaration says its purpose is to restore rescinded federal guidance by codifying it in state law.
HUD withdraws assistance animal notices
Earlier federal guidance documents on assistance animals are pulled back.
HB 26-1045 introduced
Colorado lawmakers propose defining assistance animals in state law.
HUD narrows federal enforcement
Federal cases now focus on animals trained to do disability-related work or tasks.
Governor signs the bill
The act passes both chambers and becomes law.
Protections take effect
Colorado housing providers operate under the new definitions and presumptions.
What the Statute Says, Section by Section
Plain-language summaries of each change to the Colorado Revised Statutes.
Assistance animal
An animal that does work, performs tasks, assists, or provides therapeutic emotional support to a person with a disability. The term includes emotional support animals and service animals.
Emotional support animal
An animal that provides solely emotional support to alleviate a symptom or effect of a disability.
Reasonable accommodation
An exception or adjustment to a rule, policy, practice or service that may be needed for equal use of housing, including public and common-use spaces.
Threat and damage
An assistance animal's mere presence is not a direct threat and is not presumed to cause substantial damage; documented, specific conduct may be considered.
Two presumptions
Allowing an assistance animal is presumed reasonable once the provider can engage in an interactive process, and a complete ban is presumed discriminatory.
Documentation
Requesting reasonable documentation or engaging in a good-faith interactive process is not discrimination, unless the disability or need is obvious.
Colorado and Federal Rules Side by Side
| Topic | Colorado law | HUD federal posture |
|---|---|---|
| Emotional support animals | Expressly assistance animals | Not pursued since May 2026 |
| Task-trained service animals | Assistance animals, with no extra charge under 24-34-803 | Still pursued |
| Blanket no-animal rules | Presumed discriminatory for assistance animals | Depends on the animal's training |
| Where to complain | Colorado Civil Rights Division | HUD Office of Fair Housing |
The Interactive Process From Both Sides
The presumption works best when each side does its part. More on documentation is in the Colorado ESA letter guide.
Resident or applicant
- Ask for the accommodation in writing and describe the animal.
- Provide reasonable documentation if the need is not obvious.
- Answer follow-up questions promptly and in good faith.
- Keep copies of everything sent and received.
Housing provider
- Acknowledge the request and name who is reviewing it.
- Ask only for reasonable documentation of the need.
- Base any concern on the animal's documented, specific conduct.
- Put the decision, and any conditions, in writing.
Enforcement: Agencies and Deadlines
Deadlines run from the date of the discriminatory act, so write down when a refusal happened.
Colorado Civil Rights Division
Statewide. File by phone at (303) 894-2997 or (800) 262-4845, or online.
Denver Anti-Discrimination Office
Only for housing inside Denver. See the Denver guide.
HUD
Federal Fair Housing Act complaints, now focused on trained animals.
Courts
Private lawsuits have their own deadlines; a lawyer or legal aid office can check them.
Other Colorado Statutes That Work Alongside It
HB 26-1045 did not replace earlier laws on pets, service animals or misrepresentation.
Which Rule Covers My Situation?
Choose a setting and an animal type for a plain-language starting point. It is not legal advice.
Misreadings of the New Law
Documentation That Meets Colorado's Standard
Begin with the Free Screening. Plans and live prices appear below for anyone ready for an evaluation.
Questions About Colorado's Assistance Animal Law
What is Colorado HB 26-1045?
HB 26-1045 amended Colorado's anti-discrimination statutes to define assistance animals, including emotional support animals and service animals, to presume that allowing one is a reasonable accommodation once a housing provider can engage in an interactive process, and to presume that a complete ban is discriminatory. It was signed on May 28, 2026 and took effect on August 12, 2026.
Are emotional support animals protected in Colorado housing after HUD's 2026 change?
Yes, under state law. HUD now pursues federal cases only for task-trained animals, but Colorado's statute expressly counts emotional support animals as assistance animals in housing.
Can a Colorado landlord still ask for documentation for an assistance animal?
Yes. A housing provider may request reasonable documentation of the disability or the disability-related need for the animal, and may engage in a good-faith interactive process, unless the disability or need is obvious.
When can a Colorado landlord deny an assistance animal?
The law lets a provider consider an animal's documented, specific conduct that poses a direct threat to others or causes substantial physical damage. A refusal based only on the animal's presence, or a blanket no-animals rule, runs against the new presumptions.
How long do I have to file a housing discrimination complaint in Colorado?
The Colorado Civil Rights Division accepts housing complaints within one year of the discriminatory act. Inside Denver, the Denver Anti-Discrimination Office takes complaints within 180 days, and HUD accepts federal complaints within one year.
Does HB 26-1045 give emotional support animals access to stores and restaurants?
No. The law concerns housing. Public access in businesses is governed by the ADA and C.R.S. 24-34-803, which cover trained service animals rather than emotional support animals.
Where to Go Next
General information based on the signed text of HB 26-1045 and related Colorado statutes, current as of September 2026. It is not legal advice. Courts and the Colorado Civil Rights Division interpret the law in individual cases.
Use Colorado's New Protections With Solid Paperwork
A Free Screening shows in minutes whether an evaluation with a clinician authorized in Colorado fits your situation.
