Senate File 2268 H-8226 Amend the amendment, H-8208, to Senate File 2268, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. Page 1, by striking lines 3 through 6 and inserting: 3 < ___. By striking everything after the enacting clause and 4 inserting: 5 < Section 1. Section 216.8B, Code 2024, is amended by 6 striking the section and inserting in lieu thereof the 7 following: 8 216.8B Assistance animals and service animals in housing. 9 1. For purposes of this section, unless the context 10 otherwise requires: 11 a. “Assistance animal” means an animal that qualifies as a 12 reasonable accommodation under the federal Fair Housing Act, 42 13 U.S.C. §3601 et seq., as amended, or section 504 of the federal 14 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 15 b. “Service animal” means a dog or miniature horse as set 16 forth in the implementing regulations of Tit. II and Tit. III 17 of the federal Americans with Disabilities Act of 1990, 42 18 U.S.C. §12101 et seq. 19 2. A person with a disability and a disability-related need 20 for an assistance animal or service animal may request from a 21 landlord to keep an assistance animal or service animal as a 22 reasonable accommodation in housing. Following a request for 23 accommodation, the landlord shall evaluate and respond to the 24 request within a reasonable amount of time. 25 3. If a person’s disability or disability-related need for 26 an assistance animal is not readily apparent, the landlord 27 may request supporting information that reasonably supports 28 the person’s need for the particular assistance animal being 29 requested. Supporting information may include documentation 30 identified in section 216.8C, subsection 1. 31 4. An assistance animal or service animal registration 32 of any kind, including but not limited to an identification 33 card, patch, certificate, or similar registration obtained 34 electronically or in person, is not sufficient information 35 -1- H 8208.3792 (2) 90 cm/jh 1/ 5 #1.

to reliably establish that the person has a disability or 1 disability-related need for an assistance animal or service 2 animal. 3 5. If a person requests to keep more than one assistance 4 animal, the landlord may request information for each 5 assistance animal pursuant to section 216.8C, subsection 1. 6 6. Unless otherwise prohibited by state or federal law, 7 rule, or regulation, a landlord: 8 a. Shall not request information under this section that 9 discloses a diagnosis or severity of a person’s disability or 10 any medical records relating to the disability, but a person 11 with a disability or legal guardian may voluntarily disclose 12 such information or medical records to the landlord at the 13 person with the disability or legal guardian’s discretion. 14 b. Shall make reasonable accommodations in the landlord’s 15 rules, policies, practices, and services normally required 16 for pets, for the assistance animal or service animal of a 17 person with a disability when the accommodations are necessary 18 to afford the person equal opportunity to use and enjoy a 19 dwelling. 20 c. May deny a request for an accommodation for an assistance 21 animal or service animal if any of the following are true: 22 (1) Providing the accommodation would impose an undue 23 financial and administrative hardship on the landlord. 24 (2) Providing the accommodation would fundamentally alter 25 the nature of the landlord’s operations. 26 (3) The assistance animal or service animal would do any of 27 the following: 28 (a) Pose a direct threat to the safety or health of 29 others that cannot be reduced or eliminated by a reasonable 30 accommodation. 31 (b) Cause substantial physical damage to the property of 32 others that cannot be reduced or eliminated by a reasonable 33 accommodation. 34 (4) Providing the accommodation is not otherwise 35 -2- H 8208.3792 (2) 90 cm/jh 2/ 5

reasonable. 1 d. May require proof of compliance with state and local 2 licensure and vaccination requirements for each assistance 3 animal or service animal. 4 e. Shall provide a written determination regarding the 5 person’s request for an assistance animal. 6 7. A tenant with a disability and a disability-related 7 need for an assistance animal shall, upon receipt of a request 8 for documentation for an accommodation for an assistance 9 animal consistent with this section, provide that landlord 10 with the documentation requested for a determination on the 11 accommodation request. 12 8. A tenant with a disability and a disability-related need 13 for an assistance animal or service animal shall be liable for 14 any damage done by the tenant’s assistance animal or service 15 animal to the leased premises, the landlord’s property, or any 16 other person’s property, or to another person on the leased 17 premises, the landlord’s property, or any other person’s 18 property, as well as any applicable remedies available pursuant 19 to chapter 562A or chapter 562B. 20 9. This section does not limit the means by which a person 21 with a disability may demonstrate, pursuant to state or federal 22 law, that the person has a disability or that the person has 23 a disability-related need for an assistance animal or service 24 animal. 25 10. This section shall not be construed to restrict existing 26 federal law related to a person’s right to a reasonable 27 accommodation and equal access to housing, including but not 28 limited to the federal Fair Housing Act. 29 Sec. 2. Section 216.8C, Code 2024, is amended by striking 30 the section and inserting in lieu thereof the following: 31 216.8C Finding of disability and need for an assistance 32 animal in housing. 33 1. Upon a request for documentation pursuant to section 34 216.8B, subsection 3, a licensee under chapter 148, 148C, 152, 35 -3- H 8208.3792 (2) 90 cm/jh 3/ 5

154B, 154C, or 154D, or a licensee of another state who is 1 licensed under a similar law and who is in good standing with 2 that state, shall make a written finding that includes all of 3 the following: 4 a. Whether the patient or client has a disability. 5 b. Whether the patient has a disability-related need for an 6 assistance animal. 7 c. The particular assistance provided by the assistance 8 animal, if any. 9 d. Certification whether the provider-patient relationship 10 has existed, in person or telehealth, for at least thirty days 11 between the licensee and the patient or client. 12 e. Certification whether the licensee is familiar with 13 the person and the disability prior to providing the written 14 finding. 15 f. The date the finding was issued by the licensee and the 16 date the finding will expire. 17 g. The license number and type of license held by the 18 licensee. 19 h. Whether the licensee received a separate or additional 20 fee or other form of compensation solely in exchange for making 21 the written finding required under this section. 22 2. The written finding must be made within twelve months of 23 the start of a rental agreement and is valid for a period of 24 twelve months or the term of the rental agreement, whichever 25 is greater. 26 3. A licensee under chapter 148, 148C, 152, 154B, 154C, or 27 154D may be subject to disciplinary action from the licensee’s 28 licensing board for a violation of this section. 29 4. The commission shall create a form in compliance 30 with this section and provide the form to the public on the 31 commission’s website. 32 5. The commission shall offer training and consultation to 33 the governing boards under chapter 148, 148C, 152, 154B, 154C, 34 or 154D. 35 -4- H 8208.3792 (2) 90 cm/jh 4/ 5