Colorado · HB26-1045 · C.R.S. Title 24, Article 34

Colorado Emotional Support Animal Laws After HB26-1045

When federal guidance on assistance animals was rescinded, Colorado wrote its own: HB26-1045, signed May 28, 2026, took effect August 12 and codified those protections in state civil rights law. If you rent in Colorado and rely on an animal, start with the free screening and a clinician licensed in Colorado reviews it under these rules.

Screen at no cost
Colorado licensees
State rules applied

HB26-1045 in Four Lines

Signed May 28, 2026sponsored by Representatives Clifford and Zokaie and Senators Danielson and Kipp
In force August 12, 2026the date the protections began
Emotional support includedin the new state definition of assistance animal
A presumptionthat allowing the animal is reasonable after an interactive process

The Short Version for Colorado Renters

Federally, HUD has said since May 2026 that it will not presume an untrained emotional support animal request reasonable. Colorado went the other way. Its civil rights statutes now define assistance animals to include emotional support animals, presume that allowing one is reasonable once the landlord has had a chance to talk it through with you, and treat a blanket ban on assistance animals as presumed discrimination. The documentation still has to be real: Colorado's licensing laws spell out who may write it and how.

What HB26-1045 Wrote Into Colorado Statute

Four panes from the new law, each set in its own arched window.

24-34-301(2.5)

Assistance animal

An animal that does work, performs tasks, assists, or provides therapeutic emotional support; the term covers both ESAs and service animals.

24-34-301(8.5)

Emotional support animal

One that provides solely emotional support to ease a symptom or effect of a disability.

24-34-502(1)(a)(III)

No threat by presence

An assistance animal's mere presence is not a direct threat and is not presumed to cause substantial damage, though documented specific conduct may count.

24-34-502.2(2)(b)(II)

The presumption

Allowing the animal is presumed reasonable after an interactive process, a total ban is presumed discriminatory, and asking for reasonable documentation is allowed when the need is not obvious.

The gold dome of the Colorado State Capitol in Denver against a clear blue sky
thirdsphoto, CC BY 4.0

Who Can Write Your Colorado Finding?

Colorado's professional licensing laws decide who may make the written finding behind an assistance animal request, and how they must know you. Choose the clinician's license and how you have met.

The Colorado rule
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  • Pick the license and how you have met, then select Check the Rule.

Simple, Transparent Pricing for Colorado ESA and PSD Letters

Clear pricing for emotional support animal and psychiatric service dog letters written by a licensed mental health professional. Your screening is free, and you pay only if a clinician supports a letter and you decide to continue.

ESA Housing Letter For One Pet

$149

Best option for most renters with one emotional support animal

  • Free online screening with a licensed psychotherapist
  • Telehealth evaluation when clinically indicated
  • Letter written for ESA housing requests
  • Digital delivery within 24-48 hours after payment
  • Follow up clarification for landlords included
Get Started

Psychiatric Service Dog Evaluation

$199

For people who may qualify for a task-trained psychiatric service dog

  • Free initial screening with a licensed psychotherapist
  • Telehealth evaluation focused on symptoms and the tasks the dog is trained to do
  • Letter describing the disability-related need and task support
  • Clinically grounded documentation, not a generic certificate
  • Follow up clarification for housing providers included

Bundle Packages

Save more with combined document bundles

BUNDLE

ESA Letter + Certificate Bundle

$199

ESA letter and certificate in one package

  • ESA letter from a licensed professional
  • ESA certificate with QR code verification
  • Digital delivery within 24-48 hours after payment
  • Valid for 1 year with renewal reminders
Get This Bundle
BEST VALUE

PSD Letter + Certificate + ID Card

$225

Complete PSD documentation: letter, certificate and ID card

  • PSD letter from a licensed professional
  • PSD certificate with QR code verification
  • PSD ID card with photo and barcode
  • Digital delivery within 24-48 hours after payment
Get This Bundle
Clinically reviewed Secure payment 24-48 hr delivery No hidden fees
American Service Animals does not sell ESA registrations. All letters are based on real clinical evaluations.

Free Screening

Colorado Law and the Federal Posture, Side by Side

The two answers part ways like water on the Continental Divide: Colorado's rule runs down one slope, the federal posture down the other.

Colorado statutePointFederal posture since May 2026
Included in the definition of assistance animalUntrained ESAsRequests no longer presumed reasonable
Presumed after an interactive processReasonablenessReasonable cause only for trained animals
Presumed discriminatoryBlanket bansWeighed case by case
Reasonable documentation if the need is not obviousDocumentationThe Fair Housing Act regulations are unchanged
Colorado Civil Rights DivisionWhere to goHUD, or a private suit within two years
The Colorado Court of Appeals building in Denver, photographed in 2014
Wikigringo, CC BY-SA 3.0

Deposits, Pet Rent and Insurance

  • $300

    Most a pet deposit can be

    C.R.S. 38-12-106 caps an extra deposit for a pet animal and requires it to be refundable.

  • $35 or 1.5%

    Pet rent ceiling

    The greater of $35 a month or 1.5% of monthly rent, under the same statute, in force since 2024.

  • Breed

    Insurers and dog breeds

    C.R.S. 10-4-110.8(16) stops homeowner's and dwelling insurers from refusing, canceling or raising rates over a dog's breed alone.

HB26-1045 itself says nothing about fees for emotional support animals, so treat claims that it bans every charge with caution; trained service animals are covered by the no-extra-charge rule in 24-34-803.

Service Animals Under C.R.S. 24-34-803

Four rules from the service animal statute, one in each bowl.

  • No extra charge

    Housing, jobs, public accommodations and public programs may not add a fee for a trained service animal.

  • Trainers too

    The same protection reaches trainers and handlers with a service animal in training.

  • No license fees

    Service animals are exempt from state and local licensing fees, though the handler pays for damage.

  • Not a sanitary violation

    A service animal's presence alone does not violate sanitary rules.

Misrepresentation Fines Start With a Warning

C.R.S. 18-13-107.3 requires a written or verbal warning before any fine, and a written finding from a qualified clinician is an affirmative defense; lacking one is not proof of the offense.

  1. Warning

    First contact

    No fine without a prior warning.

  2. $25

    First offense

    After the warning.

  3. $50 to $200

    Second offense

    A higher range.

  4. $100 to $500

    Third and later

    The top tier.

Where Colorado Renters File

Three places a complaint or a call can go, each with its own deadline or number.

  • Colorado Civil Rights Division

    Housing complaints within one year: (303) 894-2997 or (800) 262-4845, or online through CaseConnect.

  • Denver Anti-Discrimination Office

    For incidents inside Denver city limits, within 180 days.

  • 988 Colorado Mental Health Line

    Call or text 988; the old 1-844-493-8255 number and TALK text code now forward there.

Golden autumn aspens at Maroon Lake in Colorado, with jagged mountain peaks rising behind
MichaelKirsh, CC BY-SA 4.0

Colorado ESA Law Questions, Stamped and Sent

Six questions, each on its own stamp, with the subject printed where the value would be.

Coverage

Are emotional support animals protected in Colorado housing in 2026?

Yes, under state law. HB26-1045, effective August 12, 2026, defines an assistance animal to include one that provides therapeutic emotional support and presumes allowing it is a reasonable accommodation once the provider has had a chance for an interactive process.

Fees

Can a Colorado landlord charge a pet deposit for an emotional support animal?

HB26-1045 does not address fees. For pets, C.R.S. 38-12-106 caps an extra pet deposit at $300, refundable, and pet rent at the greater of $35 a month or 1.5% of rent; for trained service animals, C.R.S. 24-34-803 bars any extra charge.

Telehealth

Can my Colorado ESA letter come from a telehealth visit?

It depends on the license. Colorado's mental health licensees and nurses must have met you in person before making the written finding, while a physician may rely on an in-person or telemedicine relationship.

Bans

Is a total no-pets policy legal for assistance animals in Colorado?

A complete ban on assistance animals is presumed discriminatory under C.R.S. 24-34-502.2, although a provider may ask for reasonable documentation when the need is not obvious.

Fines

What is the fine for misrepresenting a service animal in Colorado?

After a written or verbal warning, C.R.S. 18-13-107.3 sets a $25 fine for a first offense, $50 to $200 for a second and $100 to $500 for a third or later offense.

Deadlines

How long do I have to file a housing complaint in Colorado?

The Colorado Civil Rights Division takes housing complaints within one year; inside Denver, the city's Anti-Discrimination Office also takes complaints within 180 days.

Colorado Pages That Pair With This One

Five cards to collect next, each a Colorado page that picks up where this one stops.

General information for Colorado renters, current as of October 2026, and not legal advice. It summarizes HB26-1045 and the Colorado statutes named above; the agencies named above and the courts apply them to each case, and statutes and agency practice can change. Screening does not guarantee a letter. In a crisis, call or text 988.

Put Colorado Law to Work for Your Request

A clinician licensed in Colorado can tell you whether an assistance animal finding fits your situation and what the state's rules require for it.

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