What Landlords Can & Can’t Ask...
What Landlords Can & Can’t Ask About Your ESA or PSD in Colorado
Navigating the rights and responsibilities surrounding Emotional Support Animals (ESAs) and Psychiatric Service Dogs (PSDs) in Colorado can be complex for both tenants and landlords. Understanding what landlords can and cannot ask regarding these support animals is crucial to ensure compliance with federal and state laws.
Understanding ESAs and PSDs
An ESA provides comfort to individuals with emotional or psychological conditions, while a PSD is trained to perform specific tasks for individuals with psychiatric disabilities. Both are protected under the Fair Housing Act (FHA), which mandates reasonable accommodations in housing situations.
Landlord Inquiries: What’s Permissible?
Landlords have the right to request certain information to verify the legitimacy of an ESA or PSD:
- Disability Verification: If a tenant's disability is not readily apparent, a landlord may request reliable documentation confirming the tenant's disability.
- Disability-Related Need: Landlords can ask for documentation that establishes the connection between the tenant's disability and the need for the ESA or PSD.
Landlord Restrictions: What’s Off-Limits?
There are clear boundaries to protect tenant rights:
- Medical Records: Landlords cannot demand access to a tenant's medical records or detailed information about the tenant's specific disability.
- Pet Fees: ESAs and PSDs are not considered pets under the law. Therefore, landlords cannot charge pet deposits or additional pet fees for these animals.
- Breed and Size Restrictions: General breed, size, and weight limitations cannot be applied to ESAs or PSDs. Each animal must be assessed individually to determine if it poses a direct threat or would cause substantial property damage.
Ensuring Legitimate Documentation
To facilitate a smooth accommodation process, tenants should provide legitimate documentation for their ESAs or PSDs. PetCerts.com offers ESA and PSD letters that are compliant with legal standards. Their process includes an assessment by a licensed therapist, ensuring that the documentation meets the necessary criteria for housing accommodations.
Both landlords and tenants in Colorado must be aware of their rights and obligations concerning ESAs and PSDs. Landlords should approach accommodation requests with an understanding of legal boundaries, while tenants should ensure they provide appropriate documentation. Services like PetCerts.com can assist in obtaining the necessary documentation, promoting a harmonious landlord-tenant relationship.