Colorado is an animal-friendly state with liberal laws for service dogs, general pets, and emotional support animals (ESAs).
That said, it’s not always possible to bring your companion with you into a business or even your home. In fact, many landlords in Colorado may restrict pets if they choose to do so.
The good news is that if you have a valid reason for keeping your pet at your side, you may qualify for an emotional support animal and related accommodations.
Emotional support animals have legal protections in Colorado that allow them to live alongside their owners, regardless of any pet or breed restrictions a landlord has in place. With a valid ESA, you will also not be required to pay for pet rent, pet fees, and pet deposits.
Still, exceptions apply, so it’s important to understand emotional support animal laws in Colorado before adding an ESA to your life. Below, we tell you everything you need to know about Colorado ESA laws so you can determine if an ESA is right for you.
What Is an Emotional Support Animal in Colorado?
Emotional support animals provide comfort for their human companions. Their main purpose is to keep someone calm, and they’re useful for people who struggle with mental health conditions like anxiety, depression, or bipolar disorder.
Emotional support animals don’t require training, and any type of animal can become an ESA, including cats, dogs, birds, rabbits, and reptiles. The main benefit these companions bring is their presence in their owner’s life.
ESAs don’t need to be registered or wear any type of identifying equipment to be considered legitimate. Instead, all you need is a legally valid ESA letter stating your need, written by a Colorado-licensed healthcare professional.
What’s the Difference Between an Emotional Support Animal and a Service Dog?
Service dogs and emotional support animals can often be confused for each other, but they are not the same. Emotional support animals are companion animals that can be any type of animal, while service animals are typically only dogs and sometimes miniature horses.
Additionally, there is a significant difference in the training of these two types of companion animals. Many service dogs take several years to train, and that training costs upwards of $30,000 in many cases.
Service dogs are trained to perform tasks related to a person’s disability, whether physical or mental. These tasks help the individual go about their day with greater ease and comfort. If the dog can’t perform the task properly, it is not considered a service dog.
ESAs, on the other hand, don’t require any type of training to be legitimate. Their presence alone is enough to help a person dealing with stress or other symptoms related to their mental health condition.
It’s also important to note that the laws pertaining to service dogs and ESAs differ. Service dogs have wide-reaching public access rights, while emotional support animals do not have protected public access rights. Both service dogs and ESAs have protected housing rights, though.
Can Anyone Get an Emotional Support Animal in Colorado?
Any individual who has a qualifying mental health condition is eligible for an emotional support animal in Colorado.
Individuals must consult with a licensed healthcare professional in the state of Colorado, such as a doctor or a registered nurse, and they must be seen in person or via telehealth. This allows the provider to evaluate the person’s disability or mental health condition and reliably prescribe an ESA if one is needed.
Do Landlords Have to Accept Emotional Support Animals?
If you have a valid emotional support animal with an accompanying letter that meets Colorado requirements, a landlord must accept your ESA into your chosen housing.
However, your housing request must be reasonable. You cannot attempt to live with exotic animals, illegal animals, or animals that cannot be properly taken care of in your chosen housing unit.
Additionally, if your ESA damages property, acts out of control, destructive, or threatens the health and safety of others, the landlord does have a legal right to deny your ESA accommodation.
Emotional Support Animal Laws in Colorado
Both federal laws and Colorado state laws can impact your emotional support animal rights. We give you an overview of these laws below so you can understand what you can and cannot do with your valid ESA.
Employment Laws for Emotional Support Animals in Colorado
Colorado is a pet-friendly state, and it’s not uncommon for places of employment to allow pets to accompany their owners into the office or other workplace. However, your pet must be well-trained, including potty-trained, and friendly if you wish to do this.
Emotional support animals are not protected by federal laws such as the Americans with Disabilities Act (ADA) when it comes to workplace access, but many employers may permit them in the workplace anyway.
The best way to handle this is to request an accommodation for your ESA. If your animal can easily be cared for in the workplace, is non-aggressive, and non-destructive, you may have a good chance of being allowed to bring them with you.
However, this is not legally required, and your ESA can be turned away in the workplace, whereas a service animal cannot legally be turned away in the workplace.
When deciding whether or not to allow your ESA, your employer may take into consideration the work environment and other employees. For example, if you work around dangerous machines, this workplace is not the best place for an emotional support cat.
Housing Laws for Emotional Support Animals in Colorado
Colorado is subject to laws outlined by the Fair Housing Act (FHA), which prevents landlords from discriminating against tenants based on race, sex, or disability.
Under this act, landlords can’t deny housing to someone with an ESA because of their ESA, as their companion animal is required to help with a mental health condition or disability. Owners with valid ESAs have protected rights to live in housing that doesn’t typically allow pets, and they are exempt from adhering to breed restrictions.
Emotional support animals are also exempt from pet fees, pet rent, pet security deposits, and size restrictions.
Keep in mind that your ESA must remain friendly around other tenants, be well-behaved, and be properly cared for in your chosen housing unit. For example, this can mean no exotic animals or multiple large animals in a small apartment.
If your emotional support animal damages property or becomes dangerous to others, you may be liable for fees and damages, and your ESA may be denied accommodations.
Travel Laws for Emotional Support Animals in Colorado
Colorado doesn’t have many state laws about traveling with an emotional support animal, though you should note that these animals do not have wide-reaching public access rights on transportation such as trains and buses. You will need to adhere to pet rules on public transportation in Colorado unless otherwise noted.
Furthermore, the Air Carrier Access Act (ACAA), which prohibits airlines from discriminating against people with disabilities, was updated in 2020.
The act previously protected the rights of owners to fly with their ESAs under the same rules as service animals, with no fees and always allowing the companion animal in the cabin. Now, ESAs are treated like pets; rules for service animals are unchanged.
In general, this means you’ll have to pay a pet fee, ensure your ESA meets airline requirements, fill out applicable paperwork, and potentially travel with your ESA in the cargo area of the plane.
Public Access Laws for Emotional Support Animals in Colorado
The ADA requires businesses and people to allow service dogs on the premises as part of general public access rights for service animals. However, ESAs aren’t the same as service dogs, so it’s up to the discretion of the business owner or the manager of government property whether or not your ESA is allowed access.
In Colorado, public spaces can include:
- Parks
- Libraries, museums, and historic locations
- Hotels, motels, and other types of lodging
- Transportation areas, including on buses, trains, and at the stations (train stations and bus stops)
- Businesses
- Convention centers
- Places of entertainment
When going to these locations, it’s always best to contact the manager or owner of the location in advance to inquire if emotional support animals are allowed. You can also seek out pet-friendly locations, as these areas may be accommodating to more common ESAs like cats and dogs.
What Are the Penalties for Not Following Emotional Support Animal Laws in Colorado?
There are several penalties for not following ESA laws in Colorado. Most notably, it is an offense to try and claim that your ESA is a service animal. Under Colorado law, this is a Class 2 petty offense, and fines for this offense can range from $45 to $500.
Additionally, landlords may have you evicted or require you to pay pet fees and fines if you lie about the status of your pet and claim they are an ESA or service animal.
How to Get an Emotional Support Animal Letter in Colorado
If you want to add an emotional support animal to your treatment plan in Colorado, it’s important to follow proper state procedures and secure a valid ESA letter.
Your ESA letter is the key to requesting housing accommodations and living with your ESA in any housing unit. We give you more details on this process below.
Speak with a Licensed Healthcare Professional
Speaking with a licensed healthcare provider in Colorado is an essential step in the process of obtaining an ESA.
In Colorado, only a registered nurse or a doctor can prescribe your ESA and write you a letter stating your need. You will need to meet with your provider in person or via telehealth, and they will evaluate your condition before prescribing you an ESA.
When you fill out our ESA consultation request form, we can let you know if you’re eligible for an ESA letter.
Wait for Your ESA Letter
After you have been approved for your ESA, you will need to wait for your provider to write you an ESA letter. As soon as you receive this official letter, you can request housing accommodations from your landlord.
Make sure that you pay attention to any requirements your provider may have, such as monthly appointments to evaluate your condition. You should also take note of whether or not your ESA letter expires; many expire after a year, at which point you will need to make an appointment for a new one.
Add a Loving Emotional Support Animal to Your Life in Colorado
Emotional support animals can impact your life in many ways. While they’re not the same as service dogs, ESAs provide you with valuable comfort, support, and routine.
When you’re getting your emotional support animal in Colorado, make sure you understand all the laws pertaining to emotional support animals. This will help you better understand your rights and enjoy your ESA’s company stress-free.