First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0387.01 Jery Payne x2157 HOUSE BILL 25-1207 House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNING MEASURES TO ADDRESS B ARRIERS TO PET OWNERSHIP IN101 CONNECTION WITH RESIDING IN A RESIDENTIAL STRUCTURE .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) Current law prohibits an insurer from refusing to insure or increasing a premium for a homeowners insurance policy or a dwelling fire insurance policy based on the breed or mixture of breeds of a dog that is kept at a dwelling unless the dog is known to be dangerous or has been declared to be dangerous. Section 1 of the bill defines the term "homeowners insurance" to clarify that this provision applies to all HOUSE SPONSORSHIP Mabrey and Duran, SENATE SPONSORSHIP Winter F. and Exum, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. residential structures used for a residence and occupied by an owner or renter. The "Colorado Housing Act of 1970" provides financing for building or rehabilitating affordable housing. Section 2 requires each housing development that receives financing to authorize tenants of the affordable housing to own or keep one or more pet animals, subject to reasonable conditions. Current law authorizes a tax credit for affordable housing. Section 3 requires the person claiming the tax credit to allow tenants to own or keep one or more pet animals at the unit that the tenant resides in, subject to reasonable conditions. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 10-4-110.8, amend2 (16)(d) as follows:3 10-4-110.8. Homeowners insurance - prohibited and required4 practices - estimates of replacement value - additional living expense5 coverage - copies of policies - personal property contents coverage -6 inventory of personal property - requirements concerning total loss7 scenarios resulting from wildlife disasters - definitions - rules.8 (16) (d) As used in this subsection (16), UNLESS THE CONTEXT9 OTHERWISE REQUIRES:10 (I) "Dwelling" includes a dwelling unit as defined in section11 38-12-502 (3).12 (II) (A) "H OMEOWNERS INSURANCE " MEANS A POLICY INSURING13 RESIDENTIAL STRUCTURES, INCLUDING CONDOMINIUMS , MOBILE HOMES,14 MANUFACTURED HOMES , OR COMMERCIAL MULTIFAMILY BUILDINGS , USED15 FOR A RESIDENCE AND OCCUPIED BY AN OWNER OR RENTER .16 (B) "H OMEOWNERS INSURANCE " INCLUDES A POLICY INSURING THE17 CONTENTS OF A STRUCTURE DESCRIBED IN SUBSECTION (16)(d)(II)(A) OF18 THIS SECTION.19 HB25-1207-2- SECTION 2. In Colorado Revised Statutes, add 24-32-735 as1 follows:2 24-32-735. Pet-inclusive publicly financed housing - definitions3 - rules. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4 REQUIRES:5 (a) "L ANDLORD" HAS THE MEANING SET FORTH IN SECTION6 38-12-502 (5).7 (b) "P ET ANIMAL" MEANS A DOMESTICATED ANIMAL THAT IS8 COMMONLY KEPT IN THE HOME FOR COMPANIONSHIP RATHER THAN FOR9 COMMERCIAL PURPOSES.10 (c) (I) "R EASONABLE CONDITIONS" MAY INCLUDE:11 (A) P ROHIBITIONS ON OWNERSHIP OF A DANGEROUS DOG IN12 VIOLATION OF SECTION 18-9-204.5;13 (B) P OLICIES ON NUISANCE BEHAVIORS;14 (C) L EASHING REQUIREMENTS;15 (D) R EQUIREMENTS THAT A TENANT HAVE LIABILITY INSURANCE ;16 OR17 (E) L IMITATIONS ON THE NUMBER OF PET ANIMALS PERMITTED IN18 A SINGLE UNIT DETERMINED BY THE SIZE OF THE UNIT.19 (II) "R EASONABLE CONDITIONS" DOES NOT INCLUDE PROHIBITIONS20 ON PET ANIMAL BREEDS OR WEIGHT RESTRICTIONS OF A PET ANIMAL .21 (2) T HE DIVISION SHALL REQUIRE EACH HOUSING DEVELOPMENT22 THAT RECEIVES FINANCING ON OR AFTER JANUARY 1, 2026, PURSUANT TO23 THIS ARTICLE 32, TO AUTHORIZE TENANTS OF THE AFFORDABLE HOUSING24 TO OWN OR KEEP ONE OR MORE PET ANIMALS , SUBJECT TO REASONABLE25 CONDITIONS AND APPLICABLE STATE AND LOCAL LAWS GOVERNING PUBLIC26 HEALTH, ANIMAL CONTROL, AND ANIMAL ANTI -CRUELTY, AND THE27 HB25-1207 -3- REASONABLE AND APPLICABLE RULES ADOPTED BY THE DIVISION OR THE1 DEPARTMENT OF LOCAL AFFAIRS .2 (3) T HIS SECTION DOES NOT LIMIT OR AFFECT OTHER LAWS THAT3 REQUIRE REASONABLE ACCOMMODATIONS TO BE MADE FOR AN4 INDIVIDUAL WITH A DISABILITY WHO MAINTAINS AN ANIMAL TO PROVIDE5 ASSISTANCE, SERVICE, OR SUPPORT.6 SECTION 3. In Colorado Revised Statutes, 39-22-2102, add7 (5.5) as follows:8 39-22-2102. Credit against tax - affordable housing9 developments - legislative declaration - definitions. (5.5) (a) T HE10 AUTHORITY SHALL NOT ALLOCATE A CREDIT PURSUANT TO THIS PART 2111 UNLESS TENANTS RESIDING AT A QUALIFIED DEVELOPMENT ARE ALLOWED12 TO OWN OR KEEP ONE OR MORE PET ANIMALS IN THE UNITS WHERE THE13 TENANTS RESIDE, SUBJECT TO REASONABLE CONDITIONS THAT MAY BE14 IMPOSED ON TENANTS FOR OWNING OR KEEPING PET ANIMALS AT THE UNIT .15 (b) T HE ALLOWANCE OF ONE OR MORE PET ANIMALS TO RESIDE16 WITH A TENANT IS SUBJECT TO STATE AND LOCAL LAWS GOVERNING17 PUBLIC HEALTH, ANIMAL CONTROL, AND ANIMAL ANTI-CRUELTY AND THE18 REASONABLE AND APPLICABLE RULES ADOPTED BY THE AUTHORITY .19 (c) A S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT20 OTHERWISE REQUIRES:21 (I) "P ET ANIMAL" HAS THE MEANING SET FORTH IN SECTION22 35-80-102 (10).23 (II) "R EASONABLE CONDITIONS" HAS THE MEANING SET FORTH IN24 SECTION 24-32-735 (1)(c).25 (d) T HIS SECTION DOES NOT LIMIT OR AFFECT OTHER LAWS THAT26 REQUIRE REASONABLE ACCOMMODATIONS TO BE MADE FOR AN27 HB25-1207 -4- INDIVIDUAL WITH A DISABILITY WHO MAINTAINS AN ANIMAL TO PROVIDE1 ASSISTANCE, SERVICE, OR SUPPORT.2 SECTION 4. Act subject to petition - effective date -3 applicability. (1) This act takes effect at 12:01 a.m. on the day following4 the expiration of the ninety-day period after final adjournment of the5 general assembly; except that, if a referendum petition is filed pursuant6 to section 1 (3) of article V of the state constitution against this act or an7 item, section, or part of this act within such period, then the act, item,8 section, or part will not take effect unless approved by the people at the9 general election to be held in November 2026 and, in such case, will take10 effect on the date of the official declaration of the vote thereon by the11 governor.12 (2) Section 1 of this act applies to insurance policies issued or13 renewed on or after the applicable effective date of this act.14 HB25-1207 -5-