House File 2068 - Introduced HOUSE FILE 2068 BY SALMON A BILL FOR An Act relating to service animals and assistance animals in 1 rented housing and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5134YH (4) 89 cm/jh

H.F. 2068 Section 1. Section 216.8B, Code 2022, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. A person who knowingly and willfully 3 misrepresents, through conduct, verbal notice, or written 4 notice, as using and being qualified to use a service animal or 5 an assistance animal to obtain a benefit under this section is, 6 upon conviction, guilty of a simple misdemeanor. 7 Sec. 2. Section 216.8C, subsections 1 and 5, Code 2022, are 8 amended to read as follows: 9 1. A licensee under chapter 148 , 148C , 152 , 154B , 154C , 10 or 154D whose assistance is requested by a patient or client 11 seeking a finding that an assistance animal or service animal 12 as defined in section 216.8B, subsection 1 , is a reasonable 13 accommodation in housing shall make a written finding regarding 14 whether the patient or client has a disability and, if a 15 disability is found, a separate written finding regarding 16 whether the need for an assistance animal or service animal is 17 related to the disability. 18 5. A landlord may request information necessary to verify 19 and may deny a request for an exception to a pet policy if for 20 any of the following reasons: 21 a. If the assistance animal or service animal poses a direct 22 threat to the safety or health of others or poses a direct 23 threat of physical damage to the property of others, which 24 threat cannot be reduced or eliminated by another reasonable 25 accommodation. 26 b. If a person, who does not have a readily apparent 27 disability, or a disability known to the landlord, fails 28 to provide documentation indicating that the person has a 29 disability and the person has a disability-related need for an 30 each assistance animal or service animal requested to be kept . 31 c. If the person does not provide proof of compliance with 32 state and local requirements for licensing and vaccinating each 33 assistance animal or service animal. 34 Sec. 3. Section 216.8C, Code 2022, is amended by adding the 35 -1- LSB 5134YH (4) 89 cm/jh 1/ 3

H.F. 2068 following new subsections: 1 NEW SUBSECTION . 6. An assistance animal or service 2 animal registration of any kind, including but not limited 3 to an identification card, patch, certificate, or similar 4 registration obtained from the internet is not, by itself, 5 sufficient information to establish that a person has a 6 disability or a disability-related need for an assistance 7 animal or service animal. 8 NEW SUBSECTION . 7. For purposes of this section, 9 “assistance animal” and “service animal” mean the same as 10 defined in section 216.8B, 13 subsection 1. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to service animals and assistance animals 15 in rented housing. 16 The bill provides that a person who knowingly and willfully 17 misrepresents as using and being qualified to use a service 18 animal or an assistance animal to obtain the waiver of lease 19 restrictions or additional payments normally required for 20 the keeping of pets is guilty, upon conviction, of a simple 21 misdemeanor. A person convicted of a simple misdemeanor may be 22 fined a minimum of $105 and a maximum of $855. The court may 23 order imprisonment not to exceed 30 days in lieu of a fine or 24 in addition to a fine. 25 The bill allows a landlord to prohibit a service animal 26 or assistance animal if the animal poses a direct threat to 27 the safety, health, or property of others and to request 28 written documentation that reasonably supports that the person 29 has a disability. If a person requests to keep more than 30 one assistance or service animal, the landlord may request 31 information regarding the specific need for each animal and may 32 require proof of licensing and vaccination requirements for 33 each animal. Current law provides that a landlord may deny 34 a request for an exception to a pet policy if a person, who 35 -2- LSB 5134YH (4) 89 cm/jh 2/ 3

H.F. 2068 does not have a readily apparent disability, or a disability 1 known to the landlord, fails to provide documentation 2 indicating that the person has a disability and the person has 3 a disability-related need for an assistance animal or service 4 animal. 5 -3- LSB 5134YH (4) 89 cm/jh 3/ 3