HB 23-1068

Abstract

The act prohibits insurers from denying a homeowner's insurance policy or a dwelling fire insurance policy or increasing the premium for such a policy based on the breed or mixture of breeds of dog that resides at the insured dwelling, while allowing denial if a specific individual dog is a dangerous dog. Insurers are also prohibited from asking or otherwise inquiring about the specific breed or mixture of breeds of dog kept at a dwelling except to ask if the dog is known to be or has been declared a dangerous dog. For purposes of these provisions, a dwelling includes a dwelling unit that is a structure or part of a structure that is used as a home, residence, or sleeping place by a tenant. The act also requires that an officer executing a writ of restitution inspect the premises for pet animals and give any pet animal found to the tenant of the premises if the tenant is present at the time the writ is executed. If a tenant is not present, the officer must contact a local authority in charge of animal control to take custody of any pet animal. The landlord shall provide the local animal control authority with access to the premises to allow the pet animals to be removed or secured and with the name and contact information for the tenant and shall leave contact information for the tenant as to where the pet animal has been taken by posting notice in a visible place at the premises. The act provides that no pet animal shall be removed from the premises during the execution of a writ and left unattended on public or private property. The act also limits the amount of an additional security deposit a landlord can receive from a prospective or current tenant as a condition of permitting the tenant's pet animal to reside at the residential premises to a refundable $300. Additionally, a landlord is prohibited from demanding or receiving additional rent from a tenant as a condition of permitting the tenant's pet animal to reside at the residential premises in an amount that exceeds $35 per month or 1.5% per month of the tenant's monthly rent, whichever is greater. The act also excludes pet animals from the categories of a tenant's personal property that a person who rents furnished or unfurnished rooms or apartments may place a lien on for unpaid board, lodging, or rent. APPROVED by Governor June 7, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)