How the Colorado Fair Housing Act Protects ESA Owners

If you rely on an Emotional Support Animal (ESA) to manage your mental or emotional health, knowing your housing rights is critical. Thankfully, the Colorado Fair Housing Act works alongside federal laws to ensure ESA owners are protected from housing discrimination. This guide explains how the law works in 2025 and what it means for tenants and landlords alike.

What Is the Colorado Fair Housing Act?

The Colorado Fair Housing Act prohibits housing discrimination based on protected characteristics—including disability. Modeled after the federal Fair Housing Act, it empowers the Colorado Civil Rights Division (CCRD) to investigate claims of discrimination, including cases involving Emotional Support Animals.

How It Protects ESA Owners

Under this law, tenants with a verified emotional or mental health disability are entitled to “reasonable accommodations”—one of which is the right to live with their ESA, even in housing that bans pets. Landlords must accommodate ESA requests unless it causes undue financial or administrative burden or poses a safety threat.

Key Protections Include:

• Landlords may not deny tenancy because of an ESA.
• They cannot charge pet fees, deposits, or pet rent for an ESA.
• They may not apply pet restrictions (like breed or weight limits) to an ESA.

What Is a Valid ESA Request?

A tenant must provide written documentation from a licensed mental health professional (LMHP). This ESA letter must:

• Be issued within the last 12 months.
• Confirm the individual has a disability recognized by the DSM-5.
• Explain how the ESA helps relieve symptoms of that condition.
• Include the LMHP’s licensing details and state of practice.

When Can a Landlord Deny an ESA?

Although the law protects ESA owners, a landlord may deny a request if:

• The ESA poses a direct threat to the safety of others.
• The request causes significant financial or administrative hardship.
• The tenant fails to provide proper documentation.
• The ESA causes significant property damage or ongoing disruption.

What to Do If You’re Denied

If your ESA accommodation is denied, and you believe it’s unlawful, you can:

• File a complaint with the Colorado Civil Rights Division (CCRD).
• Submit a federal complaint through HUD.
• Consult a fair housing attorney or local legal aid services.

Final Thoughts

The Colorado Fair Housing Act provides robust protections for ESA owners, ensuring they can live comfortably and safely with their support animals. If you’re facing resistance from a landlord, understanding your rights—and having proper documentation—can make all the difference.

Don’t leave your housing rights up to chance—get started with CertifyESA today.