House Amendment to Senate File 2268 S-5087 Amend Senate File 2268, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 216.8B, Code 2024, is amended by 5 striking the section and inserting in lieu thereof the 6 following: 7 216.8B Assistance animals and service animals in housing. 8 1. For purposes of this section, unless the context 9 otherwise requires: 10 a. “Assistance animal” means an animal that qualifies as a 11 reasonable accommodation under the federal Fair Housing Act, 42 12 U.S.C. §3601 et seq., as amended, or section 504 of the federal 13 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 14 b. “Service animal” means a dog or miniature horse as set 15 forth in the implementing regulations of Tit. II and Tit. III 16 of the federal Americans with Disabilities Act of 1990, 42 17 U.S.C. §12101 et seq. 18 2. A person with a disability and a disability-related need 19 for an assistance animal or service animal may request from a 20 landlord to keep an assistance animal or service animal as a 21 reasonable accommodation in housing. Following a request for 22 accommodation, the landlord shall evaluate and respond to the 23 request within a reasonable amount of time. 24 3. If a person’s disability or disability-related need for 25 an assistance animal is not readily apparent, the landlord 26 may request supporting information that reasonably supports 27 the person’s need for the particular assistance animal being 28 requested. Supporting information may include documentation 29 identified in section 216.8C, subsection 1. 30 4. An assistance animal or service animal registration 31 of any kind, including but not limited to an identification 32 card, patch, certificate, or similar registration obtained 33 electronically or in person, is not sufficient information 34 to reliably establish that the person has a disability or 35 -1- SF 2268.3798.H (1) 90 md 1/ 5 #1.

disability-related need for an assistance animal or service 1 animal. 2 5. If a person requests to keep more than one assistance 3 animal, the landlord may request information for each 4 assistance animal pursuant to section 216.8C, subsection 1. 5 6. Unless otherwise prohibited by state or federal law, 6 rule, or regulation, a landlord: 7 a. Shall not request information under this section that 8 discloses a diagnosis or severity of a person’s disability or 9 any medical records relating to the disability, but a person 10 with a disability or legal guardian may voluntarily disclose 11 such information or medical records to the landlord at the 12 person with the disability or legal guardian’s discretion. 13 b. Shall make reasonable accommodations in the landlord’s 14 rules, policies, practices, and services normally required 15 for pets, for the assistance animal or service animal of a 16 person with a disability when the accommodations are necessary 17 to afford the person equal opportunity to use and enjoy a 18 dwelling. 19 c. May deny a request for an accommodation for an assistance 20 animal or service animal if any of the following are true: 21 (1) Providing the accommodation would impose an undue 22 financial and administrative hardship on the landlord. 23 (2) Providing the accommodation would fundamentally alter 24 the nature of the landlord’s operations. 25 (3) The assistance animal or service animal would do any of 26 the following: 27 (a) Pose a direct threat to the safety or health of 28 others that cannot be reduced or eliminated by a reasonable 29 accommodation. 30 (b) Cause substantial physical damage to the property of 31 others that cannot be reduced or eliminated by a reasonable 32 accommodation. 33 (4) Providing the accommodation is not otherwise 34 reasonable. 35 -2- SF 2268.3798.H (1) 90 md 2/ 5

d. May require proof of compliance with state and local 1 licensure and vaccination requirements for each assistance 2 animal or service animal. 3 e. Shall provide a written determination regarding the 4 person’s request for an assistance animal. 5 7. A tenant with a disability and a disability-related 6 need for an assistance animal shall, upon receipt of a request 7 for documentation for an accommodation for an assistance 8 animal consistent with this section, provide that landlord 9 with the documentation requested for a determination on the 10 accommodation request. 11 8. A tenant with a disability and a disability-related need 12 for an assistance animal or service animal shall be liable for 13 any damage done by the tenant’s assistance animal or service 14 animal to the leased premises, the landlord’s property, or any 15 other person’s property, or to another person on the leased 16 premises, the landlord’s property, or any other person’s 17 property, as well as any applicable remedies available pursuant 18 to chapter 562A or chapter 562B. 19 9. This section does not limit the means by which a person 20 with a disability may demonstrate, pursuant to state or federal 21 law, that the person has a disability or that the person has 22 a disability-related need for an assistance animal or service 23 animal. 24 10. This section shall not be construed to restrict existing 25 federal law related to a person’s right to a reasonable 26 accommodation and equal access to housing, including but not 27 limited to the federal Fair Housing Act. 28 Sec. 2. Section 216.8C, Code 2024, is amended by striking 29 the section and inserting in lieu thereof the following: 30 216.8C Finding of disability and need for an assistance 31 animal in housing. 32 1. Upon a request for documentation pursuant to section 33 216.8B, subsection 3, a licensee under chapter 148, 148C, 152, 34 154B, 154C, or 154D, or a licensee of another state who is 35 -3- SF 2268.3798.H (1) 90 md 3/ 5

licensed under a similar law and who is in good standing with 1 that state, shall make a written finding that includes all of 2 the following: 3 a. Whether the patient or client has a disability. 4 b. Whether the patient has a disability-related need for an 5 assistance animal. 6 c. The particular assistance provided by the assistance 7 animal, if any. 8 d. Certification whether the provider-patient relationship 9 has existed, in person or telehealth, for at least thirty days 10 between the licensee and the patient or client. 11 e. Certification whether the licensee is familiar with 12 the person and the disability prior to providing the written 13 finding. 14 f. The date the finding was issued by the licensee and the 15 date the finding will expire. 16 g. The license number and type of license held by the 17 licensee. 18 h. Whether the licensee received a separate or additional 19 fee or other form of compensation solely in exchange for making 20 the written finding required under this section. 21 2. The written finding must be made within twelve months of 22 the start of a rental agreement and is valid for a period of 23 twelve months or the term of the rental agreement, whichever 24 is greater. 25 3. A licensee under chapter 148, 148C, 152, 154B, 154C, or 26 154D may be subject to disciplinary action from the licensee’s 27 licensing board for a violation of this section. 28 4. The commission shall create a form in compliance 29 with this section and provide the form to the public on the 30 commission’s website. 31 5. The commission shall offer training and consultation to 32 the governing boards under chapter 148, 148C, 152, 154B, 154C, 33 or 154D. 34 6. This section does not limit the means by which a person 35 -4- SF 2268.3798.H (1) 90 md 4/ 5