(1) As used in this section, unless the context otherwise requires:
- (a) Landlord has the meaning set forth in section 38-12-502 (5).
- (b) Pet animal means a dog or cat that is commonly kept in the home for companionship rather than for commercial purposes.
(c)
(I) Reasonable conditions may include:
- (A) Prohibitions on ownership of a dangerous dog in violation of section 18-9-204.5;
- (B) Policies on nuisance behaviors;
- (C) Leashing requirements and waste removal;
- (D) Requirements that a tenant have liability insurance;
- (E) Limitations on having more than two pet animals or on the number of pet animals permitted in a single unit determined by the size of the unit;
- (F) Requirements for pet security deposits and pet rent, subject to section 38-12-106; or
- (G) A time-limited determination that a pet allowance would not be in the best interest or safety of the pet or tenant based on individualized circumstances made by a medical professional licensed pursuant to article 240 of title 12 or by a mental health professional licensed, registered, or certified pursuant to article 245 of title 12. To remove the pet from the tenant's residence under this subsection (1)(c)(I)(G), a plan must be made that identifies where the pet will be placed and how the pet will be reunified with the tenant upon expiration of the determination.
(II) Reasonable conditions does not include:
- (A) A prohibition on having up to two pet animals; or
- (B) Prohibitions on pet animal breeds or weight restrictions of a pet animal.
- (2) The division shall require each housing development that receives financing from the division on or after January 1, 2026, pursuant to this article 32, to authorize tenants of the affordable housing to own or keep up to two pet animals, subject to reasonable conditions and applicable state and local laws governing public health, animal control, and animal anti-cruelty and the reasonable and applicable rules adopted by the division or the department of local affairs.
- (3) This section does not limit or affect other laws that require reasonable accommodations to be made for an individual with a disability who maintains an animal to provide assistance, service, or support.
Source: L. 2025: Entire section added, (HB 25-1207), ch. 224, p. 1026, § 2, effective August 6.