warned in advance for a crime to have been committed ; and the tenant has to intentionally misrepresent that they are entitled to the service animal ; and the tenant has to intentionally misrepresent that the animal is a service animal .
What animals does the law apply to ?
It is unclear . This is one of the potential problems with the new law . While the law ’ s intent section specifically distinguishes between “ service animals ” ( dog or miniature horse trained to assist disabled person ) and emotional support ( companion , comfort ) animals , the law goes on to use the terms “ service animal ” and “ assistance animal ” interchangeably . The Fair Housing laws distinguish between “ service animal ” ( specifically trained ) and “ assistance animal ” ( which also includes emotional support animals ), but both are treated the same under Fair Housing law .
What else should you know about the law ?
Federal fair housing laws still reign supreme , and would dictate the outcome of any disputes . The new law recognizes the supremacy of the FHA ( Fair Housing Act ) in several ways . The law recognizes the supremacy of the FHA on these issues by stating a doctor is only required to make these findings “ if approached ”. By requiring the findings only if a tenant approaches a doctor with the request , the new law implicitly recognizes , that under the FHA , landlords cannot require tenants to provide documentation from a doctor , or to have the documentation take any specific form . Finally , the new law explicitly recognizes the supremacy of the FHA by stating it doesn ’ t alter the FHA .
and has to be certified by a doctor and those certifications have to comply with the new law .
The FHA does not require specific findings . Under the FHA , the tenant is only required to establish that the tenant is disabled ( meets the definition of disability under the FHA ), and has a disability related need for an accommodation . A doctor ’ s letter stating that the tenant is disabled and needs the accommodation is almost always sufficient under the FHA . However , this may not be considered sufficient under the new Colorado law . In short , we don ’ t want to see any landlord insist on documentation based on the new law when it is not required under the FHA .
Should you change your policies / procedures based on the new law ?
No , assuming you have policies / procedures that currently comply with federal fair housing laws , you don ’ t want to get caught in a collision between federal law and this new state law , and possibly incur liability for fair housing discrimination . Fair housing discrimination may open you up to high costs in your time , attorney fees , and possibly settlement payout . The risks to you are greater than the risks to the tenant .
This Q & A article is based on Mark N . Tschetter ’ s article in the firm ’ s July Edition of Landlord News , and had to be condensed due to space limitations – the full article may be found at http :// tinyurl . com / COServiceAnimalLaw
NATURAL DOG PARK PRODUCTS
What concerns do we have about the new law ?
We are concerned the new law may lead some landlords down the wrong path , resulting in substantial legal liability . By requiring the licensees ( doctors , nurses , and mental health professionals ) to make findings , the new law attempts to achieve the worthy goal of having health care providers take these certifications seriously . Theoretically , it is beneficial to get medical health care providers to take disability related animal requests seriously . However , our concern is that landlords will incorrectly interpret the new law to mean that every disability related tenant request for an animal has to be in writing
Phone : 800-931-1562 www . GymsForDogs . com
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