Money & the Law: A fair housing law for pets
We have had fair housing laws for people for many years, prohibiting discrimination in the selling, renting and financing of residential properties. This year, however, the Colorado General Assembly passed a fair housing law for pets. The bill, House Bill 23-1068, was signed by Gov. Polis on June 7 and thereby became a legislative act.
House Bill 23-1068, as do many bills entering the legislative process, begins with a “legislative declaration” — essentially a statement as to the reasons for and purpose of the bill. Here, the General Assembly has said in the declaration that housing-related issues often result in a pet having to be surrendered and this has a “detrimental impact on the physical and emotional well-being of the pet and of those who surrender it.”
The declaration also says that “a majority of Americans consider their pets to be family members;” that high fees and property restrictions sometimes “force families to choose between keeping a beloved pet or moving into a new home;” and that such costs and restrictions “disproportionately impact lower-income households,” preventing them from “experiencing the benefits of pet ownership.” Per the declaration, high fees and property restrictions have resulted in a severe shortage of residential properties that welcome pets at a reasonable cost. Thus, the intent of House Bill 23-1068 is to “encourage housing developers, owners, landlords, insurers, and other operators to increase pet-inclusive affordable housing in Colorado.”
So what, exactly, does House Bill 23-1068 do to further the goal of affordable, pet-friendly housing? Well, it begins by stating that insurance companies issuing homeowners insurance policies “shall not refuse to issue, cancel, refuse to renew, or increase a premium or rate” based on the “breed or mixture of breeds” of a dog kept at a dwelling. However, an insurance company can still take such action if, “based on sound underwriting and actuarial principles,” it decides a dog kept at a dwelling is dangerous. The new law goes on to say an insurer, as part of an application for insurance, may not inquire about the specific breed or mixture of breeds of a dog kept at a dwelling. The insurer may, however, ask if the dog is dangerous.
House Bill 23-1068 additionally creates new rules that come into play in connection with evictions. If the officer conducting an eviction finds a pet at the property and the tenant is present, the officer must give the pet to the tenant. If the tenant is not present at the property, the officer must turn the pet over to the local agency in charge of animal control and post a notice at the property giving the name of and contact information for the agency that has taken custody of the animal. The bill says that, under no circumstance, shall a pet animal be removed from the premises during an eviction and left unattended.
On the matter of pet animal costs, House Bill 23-1068 limits pet security deposits to not more than $300. Additional rent charged for keeping a pet animal is limited to $35 per month or, if greater, 1.5% of the tenant’s monthly rent.
Under House Bill 23-1068, the right of a landlord to impose a lien on a tenant’s personal property for unpaid rent and other obligations will now exclude pet animals. (The law already excludes small kitchen appliances, cooking utensils, beds, bedding, necessary wearing apparel, personal or business records and documents, and a tenant’s personal effects.)
House Bill 23-1068 goes into effect Jan. 1 of next year. As a precautionary matter, your pet may want a lawyer on retainer by that date.
Jim Flynn is a business columnist. He is of counsel with the Colorado Springs firm Flynn & Wright LLC. He can be contacted at moneylaw@jtflynn.com.
Money & the Law columnist Jim Flynn. THE GAZETTE FILE
