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Legislative Year: 2023 Change

Bill Detail: HB23-1068

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Title Pet Animal Ownership In Housing
Status Sent to the Governor (05/22/2023)
Bill Subjects
  • Health Care & Health Insurance
  • Housing
  • Insurance
  • State Government
House Sponsors A. Valdez (D)
Senate Sponsors F. Winter (D)
S. Jaquez Lewis (D)
House Committee Transportation, Housing and Local Government
Senate Committee Local Government and Housing
Date Introduced 01/19/2023

Section 2 of the bill prohibits insurers from denying a
homeowner's insurance policy based on the breed or mixture of breeds of
dog that resides at the insured dwelling, while allowing denial if a
specific individual dog is a dangerous dog. Insurers are also prohibited
from asking or otherwise inquiring about the specific breed or mixture of
breeds of dog kept at a dwelling except to ask if the dog is known to be
or has been declared a dangerous dog.
Section 3 requires that an officer executing a writ of restitution
inspect the premises for pet animals and give any pet animal found to the
tenant of the premises if the tenant is present at the time the writ is
executed. If a tenant is not present, the landlord must contact a local
animal shelter or pet animal rescue to take custody of any pet animal and
leave contact information for the tenant as to where the pet animal has
been taken. An officer or any other person in connection with execution
of the writ is prohibited from removing and leaving any pet animal
unattended on public or private property.
Section 4 prohibits a landlord from demanding or receiving a
security deposit or rent in exchange for allowing a pet animal to reside on
the residential premises with a tenant.
Section 5 creates the pet friendly landlord damage mitigation
program to be administered by the department of local affairs, subject to
availability of funding. Under the program, a landlord may receive
reimbursement for actual damage caused to a rental premises by a pet
animal allowed to reside with the tenant up to $1,000. Reimbursements
are granted on a first come, first served basis, and a landlord must provide
documentation in support of the damages for which the landlord makes
the claim of reimbursement. The department has authority to promulgate
rules to implement the program. A landlord who receives reimbursement
under the program is prohibited from taking legal action against the
tenant for the damages or from pursing collection against the tenant for
the damages.
Section 6 excludes pet animals from the categories of a tenant's
personal property that a person who rents furnished or unfurnished rooms
or apartments may place a lien on for unpaid board, lodging, or rent.
Section 7 of the bill prohibits the existing Colorado affordable
housing tax credit from being allocated unless tenants are allowed to keep
pet animals at a qualified development where the tenant resides. The
required allowance of pet animals is subject to state and local laws
governing public health, animal control, and animal anti-cruelty, and is
subject to reasonable conditions that may be imposed on the allowance of
pet animals. Reasonable conditions do not include prohibitions on pet
animal breeds or weight restrictions of a pet animal.

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