Denver, CO asked in Animal / Dog Law for Colorado

Q: If I have an ESA letter from a LCSW who is from out of state and not licensed in CO, is my ESA Letter still valid?

I go to it online and they say it's legal in all 50 states and they don't have any licensed therapists in CO on staff. I need this specifically for housing.

**Thank you for the 3 answers provided so far. Though, to be honest, I found Ms. Piccone's answers to be confusing and unclear. I don't have a fake disability or a fake ESA. I just have low budget and was looking for cost effective help from a health care specialist. I've also searched the CO Gov websites and tried to decipher the bill you posted, but nothing clearly articulates that the physician needs to be licensed in CO. This is my top concern as my provider has altered his letter to include specifics about my dog. I understand that there might be an issue since I have not met my physician in person. But I did talk over the phone and landlords are not legally allowed to ask you about those details. So first and foremost, I need a clear answer if being licensed in CO is necessary for my letter to be legal.

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3 Lawyer Answers

Juliet Piccone

Answered
  • Animal & Dog Law Lawyer
  • Aurora, CO
  • Licensed in Colorado

A: That sound like it violates the requirements of Colorado's fake assistance animal law. Google it or perhaps seek a legal consult from someone like me that deals with this frequently.

Kristina M. Bergsten

PREMIUM
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: It is legal. You could always call the company to ask them to add species information, but under the FHA ESAs are not limited to dogs and miniature horses like service animals are.

1 user found this answer helpful

Juliet Piccone

Answered
  • Animal & Dog Law Lawyer
  • Aurora, CO
  • Licensed in Colorado

A: I had to post this in response to the other attorney who is wrong. In Colorado, a landlord or any other housing provider can require the person who claims the need for an emotional support animal to provide a letter with the following: a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or

Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.

Colo. Rev. Stat. Ann. § 12-43-226.5 (West)

If the provider is a Colorado licensed professional, the licensee shall not make a determination related to subsection (1) of this section unless the licensee:

(a) Has met with the patient in person;

(b) Is sufficiently familiar with the patient and the disability; and

(c) Is legally and professionally qualified to make the determination.

Here is the Act:

https://drive.google.com/file/d/0ByJYmAdla2F8R1ZFX1BIbjN5eU0/view

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