In Denver, Colorado, landlords have specific responsibilities when it comes to service animals. It is essential to understand the difference between a service animal and a pet, as well as the rights and obligations that come with allowing service animals in rental properties.
This article will guide landlords in Denver through everything they need to know about service animals. Let’s dive in!
What is Considered a Service Animal Versus a Pet?
First and foremost, let’s distinguish between a service animal and a pet. According to the Americans with Disabilities Act (ADA), a service animal is specifically trained to perform tasks for people with disabilities. These tasks may include guiding those with visual impairments, alerting those with hearing impairments to sounds, or providing assistance during medical emergencies.
Service animals undergo extensive training to acquire the necessary skills and behaviors to assist their owners. This training involves teaching them how to respond to specific commands and how to behave in various environments. For example, a service dog may be trained to retrieve items, open doors, or dial emergency numbers on a phone.
Service animals are not limited to dogs. While dogs are the most common type, other animals such as miniature horses can also be trained to perform tasks for people with disabilities. These animals are carefully selected based on their temperament, size, and ability to perform the required tasks.
One important characteristic of service animals is their ability to remain calm and focused in public settings. They are trained to ignore distractions and remain attentive to their owner's needs. This level of discipline is essential to ensure that the animal can effectively carry out its duties without being distracted.
On the other hand, pets are animals kept for companionship or enjoyment. They are not trained to perform specific tasks to assist people with disabilities. However, pets can still provide emotional support to their owners, which can be beneficial for well-being.
Can a Landlord Refuse a Service Animal?
Landlords in Denver cannot refuse to rent to a resident with a disability who requires the assistance of a service animal. That means your resident screening practices must be fair and equitable. This is in accordance with the Fair Housing Act (FHA), which prohibits discrimination against people with disabilities in housing.
Landlords cannot deny a service animal based on breed, size, or weight restrictions. The FHA recognizes that service animals come in various shapes and sizes, and their effectiveness is not determined by their physical attributes.
Service animals can be of any breed or size, as long as they are trained to perform tasks that directly relate to their owner’s disability. For example, a service dog can be a Chihuahua that is trained to alert a person with epilepsy of an oncoming seizure, or a Labrador Retriever that assists someone with mobility impairments by retrieving dropped items.
Landlords are also prohibited from charging additional pet rent or pet fees for service animals because they are not considered pets under the law. They are working animals that provide essential assistance to people with disabilities, and treating them as pets would undermine the purpose of the FHA.
Additional Service Animal Requirements
While landlords in Denver cannot refuse or deny a service animal, there are certain conditions they can enforce to ensure the well-being of all residents and the property itself, including:
Proof of vaccinations: Landlords can request documentation of the service animal's vaccinations to ensure the safety and health of all residents.
Behavioral expectations: Landlords can impose behavioral expectations to ensure that the service animal does not pose a threat or nuisance to other residents.
Leash and control requirements: Landlords can require service animals to be on a leash or under the control of the resident with a disability when in common areas of the property.
What Documentation is Needed for a Service Animal?
While landlords can request documentation for service animals, they cannot ask for specifics regarding the resident’s disability. The documentation landlords may require includes:
A letter from a healthcare provider: This letter should confirm the individual's disability and the need for a service animal.
Proof of training: If available, documentation showing that the service animal has received specific training may also be requested.
How Should Residents Submit Documentation for a Service Animal?
Residents who require the assistance of a service animal should submit the necessary documentation to the landlord or property management company. It's recommended that they do this in writing and keep copies of all documents for their records.
It's essential for residents to communicate their needs effectively and provide the required documentation promptly. This can help streamline the process and avoid potential misunderstandings or delays.
When Can a Service Animal be Added to a Lease?
Residents with disabilities can request to add a service animal to an existing lease or when applying for a new rental property. Landlords should respond to such requests in a timely manner and accommodate them as legally required.
Once the service animal has been approved and added to the lease, it's important for both parties to communicate openly and address any concerns or issues that may arise. Open lines of communication can help ensure a harmonious living environment for all residents.
Final Thoughts
In Denver, landlords must familiarize themselves with the rights and responsibilities associated with service animals. While they cannot refuse a service animal, they can enforce additional requirements to maintain a safe and comfortable living environment for all residents. By understanding and complying with the laws governing service animals, landlords in Denver can create inclusive and accessible rental properties that benefit everyone.
Looking for a Denver property management company to assist with all the above? Contact our local team today!
