May 2018

Where Can Assistance Animals Go?
New Law: Requires Copies of Leases and Receipts for Rent

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Volume 19 • Issue 5 MAY 2018

Landlord

News

3600 South Yosemite Street Suite 828, Denver, Colorado 80237

thsnews@thslawfirm.com www.thslawfirm.com

Denver Phone 303.766.8004 FAX Completed Eviction Forms To: 303.766.1181 or 303.766.1819

Colorado Springs Phone 719.550.8004 FAX Completed Eviction Forms To: 719.227.1181

WHERE CAN ASSISTANCE

ANIMALS GO?

Should a tenant’s assistance animal be allowed to

go wherever the tenant goes around the community? If

the tenant goes to the clubhouse, fitness room, or business

center, can

their assistance

animal go with

them? Is a tenant’s

assistance

animal allowed

at the pool?

Is a tenant’s assistance

animal

allowed in the pool? With community pools about to

open, now is a good time to answer this question. Based

on risk analysis alone, in most instances, landlords should

not challenge where an assistance animal is allowed.

However, as with many fair housing questions there’s not

a simple yes or no answer. This month we take a deep

dive to clarify this complex topic.

Because the Internet is rife with misleading

information, landlords sometimes get confused about the

terms assistance animal, service animal, and emotional

support animal. Accordingly, before we talk about where

assistance animals can go in your community, let’s take a

moment to clarify some terms. Under fair housing laws,

disabled tenants are entitled to assistance animals. There

are two types of assistance animals. One type is a service

animal. A service animal is an animal that is trained

to perform a specific task. The other type of assistance

animal is an emotional support animal or ESA. An ESA

does not need to be trained. An ESA meets a tenant’s disability

related needs by reducing disability related symptoms.

The legal requirements for a tenant to have either a

service animal or an ESA are identical.

While not as clear as it could be and without answering

every question, HUD did issue some guidance on

assistance animals in April 2013 (the “2013 Guidance”).

The 2013 Guidance explains some of the obligations that

a landlord has with respect to assistance animals. Under

continued on page 2

New Law: REQUIRES

Copies of Leases and

Receipts for Rent

Starting in August 2018, all Colorado landlords

will be required to provide their tenants with a copy of a

lease and provide tenants with a receipt for rent received.

Senate Bill 18-010 was signed by the governor creating

new Colorado Revised Statutes (C.R.S.) §38-12-801 and

C.R.S. §38-12-802. Read a copy of the new law here

tinyurl.com/THS-SB18-010. These are requirements

for all landlords, there is no exception for properties

managed by an individual owner. So from a big company

managing one thousand units, to owners managing one

unit, this new law will apply to you.

Copies of Leases C.R.S. §38-12-801

This is an example of a law that should have a minor impact

on the industry,

especially with regard

to responsible landlords.

It is difficult

to imagine a situation

where a landlord and

tenant would execute

a lease agreement and the tenant would not be provided

with a copy of the agreement. However, surely a tenant

ran into this scenario and voiced their concern to their

legislator. A landlord is allowed to provide an electronic

copy of the lease agreement to their tenant. The copy

must be provided within one week of execution. The

law does not address a requirement for the landlord to

provide additional copies of the lease agreement later in

the lease term.

Mandatory Receipts C.R.S. §38-12-802

Landlords will have to provide receipts for rent. The

timing of the receipt varies by how the tenant makes their

payment.

If a tenant makes an in person payment to the

landlord with cash or a money order, a receipt must be

provided immediately.

If a tenant makes a payment that is not delivered

in person with cash or a money order, if requested by the

continued on page 2