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Pet Animal Ownership In Housing

Concerning pet animal ownership in housing, and, in connection therewith, prohibiting restrictions on dog breeds for obtaining homeowner's insurance, providing for the manner in which pet animals are handled when a writ of restitution is executed, limiting security deposits and rent for pet animals, and excluding pet animals from personal property liens.
2023 Regular Session
State Government
Bill Summary

Section 2 of the bill prohibits insurers from denying a homeowner's insurance policy or a dwelling fire 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. For purposes of these provisions, a dwelling includes a dwelling unit that is a structure or part of a structure that is used as a home, residence, or sleeping place by a tenant.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 officer must contact a local animal shelter or pet animal rescue authority in charge of animal control to take custody of any pet animal. and The landlord shall provide the local animal control authority with the name and contact information for the tenant and shall leave contact information for the tenant as to where the pet animal has been taken by posting notice in a visible place at the premises . An officer or any other person in connection with execution of the writ is prohibited from removing and leaving any pet animal The bill provides that no pet animal shall be removed from the premises during the execution of a writ and left 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. limits the amount of an additional security deposit a landlord can receive from a prospective or current tenant as a condition of permitting the tenant's pet animal to reside at the residential premises to a refundable $300. Additionally, a landlord is prohibited from demanding or receiving additional rent from a tenant as a condition of permitting the tenant's pet animal to reside at the residential premises in an amount that exceeds $35 per month or 1% per month of the tenant's monthly rent, whichever is greater.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 Section 5 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.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Under Consideration


Bill Text

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