216.8B  Assistance animals and service animals in housing.
  1.  For purposes of this section, unless the context otherwise requires:
  a.  “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended.
  b.  “Service animal” means a dog or miniature horse as set forth in the implementing regulations of Tit. II and Tit. III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.
  2.  A person with a disability and a disability-related need for an assistance animal or service animal may request from a landlord to keep an assistance animal or service animal as a reasonable accommodation in housing. Following a request for accommodation, the landlord shall evaluate and respond to the request within a reasonable amount of time.
  3.  If a person’s disability or disability-related need for an assistance animal is not readily apparent, the landlord may request supporting information that reasonably supports the person’s need for the particular assistance animal being requested. Supporting information may include documentation identified in section 216.8C, subsection 1.
  4.  An assistance animal or service animal registration of any kind, including but not limited to an identification card, patch, certificate, or similar registration obtained electronically or in person, is not sufficient information to reliably establish that the person has a disability or disability-related need for an assistance animal or service animal.
  5.  If a person requests to keep more than one assistance animal, the landlord may request information for each assistance animal pursuant to section 216.8C, subsection 1.
  6.  Unless otherwise prohibited by state or federal law, rule, or regulation, a landlord:
  a.  Shall not request information under this section that discloses a diagnosis or severity of a person’s disability or any medical records relating to the disability, but a person with a disability or legal guardian may voluntarily disclose such information or medical records to the landlord at the person with the disability or legal guardian’s discretion.
  b.  Shall make reasonable accommodations in the landlord’s rules, policies, practices, and services normally required for pets, for the assistance animal or service animal of a person with a disability when the accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling.
  c.  May deny a request for an accommodation for an assistance animal or service animal if any of the following are true:
  (1)  Providing the accommodation would impose an undue financial and administrative hardship on the landlord.
  (2)  Providing the accommodation would fundamentally alter the nature of the landlord’s operations.
  (3)  The assistance animal or service animal would do any of the following:
  (a)  Pose a direct threat to the safety or health of others that cannot be reduced or eliminated by a reasonable accommodation.
  (b)  Cause substantial physical damage to the property of others that cannot be reduced or eliminated by a reasonable accommodation.
  (4)  Providing the accommodation is not otherwise reasonable.
  d.  May require proof of compliance with state and local licensure and vaccination requirements for each assistance animal or service animal.
  e.  Shall provide a written determination regarding the person’s request for an assistance animal.
  7.  A tenant with a disability and a disability-related need for an assistance animal shall, upon receipt of a request for documentation for an accommodation for an assistance animal consistent with this section, provide that landlord with the documentation requested for a determination on the accommodation request.
  8.  A tenant with a disability and a disability-related need for an assistance animal or service animal shall be liable for any damage done by the tenant’s assistance animal or service animal to the leased premises, the landlord’s property, or any other person’s property, or to another person on the leased premises, the landlord’s property, or any other person’s property, as well as any applicable remedies available pursuant to chapter 562A or chapter 562B.
  9.  This section does not limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal or service animal.
  10.  This section shall not be construed to restrict existing federal law related to a person’s right to a reasonable accommodation and equal access to housing, including but not limited to the federal Fair Housing Act.
2019 Acts, ch 65, §2; 2024 Acts, ch 1092, §1
Referred to in §216.2, 216.8C
Section stricken and rewritten