What is the laws about Service Dogs in Colorado?

[bachir93]

My mother has 2 labs that she says are her service dogs. She says they can smell a stroke comming on even though they have never been trained for it. She think she has the right to bring them into my no dogs rental home.. and the hoa that I live in says no visitor dogs. She doesn't take the dogs with her everywhere..She says she has a doctor's note. I don't want fees for her dogs, and she refuses to keep them at home while visiting me. What do you think?

[jarel]

My mother has 2 labs that she says are her service dogs. She says they can smell a stroke comming on even though they have never been trained for it. She think she has the right to bring them into my no dogs rental home.. and the hoa that I live in says no visitor dogs. She doesn't take the dogs with her everywhere..She says she has a doctor's note. I don't want fees for her dogs, and she refuses to keep them at home while visiting me. What do you think?

First and foremost, a home is not a public accommodation. The homeowner (or tenant) has the right to decide whether or not to permit a service dog in their home.

A doctor's note does not make a dog a service dog. Meeting legal definitions under the ADA or does. To qualify, she must be legally disabled and her dog must meet the legal definition of a service animal.

"Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual..." 28 CFR 36.104

"Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling awheelchair, or fetching dropped items." 28 CFR 36.104

A landlord cannot charge a fee of a tenant based on them being visited by someone who has a service animal, even if they would charge a fee for someone visiting with a pet, because service animals are not pets.
You can consult the U.S. Department of Justice ADA information law for clarification on the requirements of the ADA at 1 - 800 - 514 - 0301
Federal law and Colorado state law are similar on the issue of public accommodation and housing. For copies of Colorado state laws concerning service animals, check here: http://servicedogcentral.org/content/node/6

This answer is intended to be educational, not legal advice. For legal advice on what your rights are in a specific situation, consult a qualified attorney.

[dent81]

Typically, if a dog is required for daily activities - such as movement, crossing the street, getting out of bed, etc. - then the dogs are to be allowed, however, since the facts you have given do not suggest they are required for daily activities, but a belief, the lease would likely be enforceable.

[gideon]

I would ask to see the note, and then have your mother committed for psyche eval!

Give me a break. Tell her NO DOGS - and if she brings them ask her to leave.