Senate File 2093 - Introduced SENATE FILE 2093 BY DAWSON A BILL FOR An Act relating to accommodations in housing provided to 1 persons with a disability-related need for assistance 2 animals and service animals, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5370XS (3) 89 cm/jh

S.F. 2093 Section 1. Section 216.8A, subsection 3, paragraph c, 1 subparagraph (1), Code 2022, is amended to read as follows: 2 (1) A refusal to permit, at the expense of the person with 3 a disability, reasonable modifications of existing premises 4 occupied or to be occupied by the person if the modifications 5 are necessary to afford the person full enjoyment of the 6 premises. However, it is not discrimination for a landlord 7 housing provider , in the case of a rental and where reasonable 8 to do so, to condition permission for a modification on the 9 renter’s agreement to restore the interior of the premises to 10 the condition that existed before the modification, reasonable 11 wear and tear excepted. 12 Sec. 2. Section 216.8B, subsections 2 and 3, Code 2022, are 13 amended to read as follows: 14 2. A landlord housing provider shall waive make 15 accommodations in the housing provider’s rules, policies, 16 practices, and services, including lease restrictions and 17 additional payments normally required for pets , on the keeping 18 of animals for the assistance animal or service animal of a 19 person with a disability when the accommodations are reasonable 20 and necessary to afford the person equal opportunity to use and 21 enjoy a dwelling . 22 3. A renter is liable for damage done to any dwelling or 23 common area by an assistance animal or service animal. 24 Sec. 3. Section 216.8B, Code 2022, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 3A. A housing provider may deny a request 27 for an accommodation relating to an assistance animal or 28 service animal for any of the following reasons: 29 a. Providing the accommodation would impose an undue 30 financial and administrative burden on the housing provider. 31 b. Providing the accommodation would fundamentally alter the 32 nature of the housing provider’s operations. 33 c. The specific assistance animal in question poses a direct 34 threat to the health or safety of others that cannot be reduced 35 -1- LSB 5370XS (3) 89 cm/jh 1/ 5

S.F. 2093 or eliminated by another reasonable accommodation, or would 1 cause substantial physical damage to the property of others 2 that cannot be reduced or eliminated by another reasonable 3 accommodation. 4 d. Providing the accommodation is not otherwise reasonable. 5 NEW SUBSECTION . 5. A person who knowingly and intentionally 6 mispresents an animal as an assistance animal or service 7 animal, or provides to a housing provider material information 8 regarding a claimed assistance animal or service animal that is 9 false is, upon conviction, guilty of a simple misdemeanor. 10 Sec. 4. Section 216.8C, subsections 2, 3, and 5, Code 2022, 11 are amended to read as follows: 12 2. a. A licensee under chapter 148 , 148C , 152 , 154B , 154C , 13 or 154D shall not make a finding under subsection 1 unless all 14 of the following circumstances are present and such written 15 finding must include an express confirmation by the licensee 16 that such circumstances are present : 17 a. (1) The licensee has met with the patient or client in 18 person or by telemedicine within the past six months . 19 b. (2) The licensee has a bona fide provider-patient 20 relationship, and is sufficiently familiar with the patient or 21 client and the disability. 22 c. (3) The licensee is legally and professionally qualified 23 to make the finding. 24 (4) The licensee maintains a physical location in Iowa where 25 patients are treated. 26 (5) The licensee has not received a separate or additional 27 fee or other form of compensation solely in exchange for making 28 the finding. 29 b. If a written finding does not comply with the 30 requirements of this subsection, a housing provider may deny 31 the request for an assistance animal or service animal unless 32 and until the written finding complies with such requirements. 33 3. The commission, in consultation with the consumer 34 protection division of the office of the attorney general, 35 -2- LSB 5370XS (3) 89 cm/jh 2/ 5

S.F. 2093 shall adopt rules regarding the making of a written finding 1 by licensees under this section . The rules shall include a 2 form for licensees to document the licensees’ written finding. 3 The form shall recite this section’s requirements and comply 4 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as 5 amended, and section 504 of the federal Rehabilitation Act of 6 1973, 29 U.S.C. §794, as amended. The form must contain only 7 two questions regarding the qualifications of the patient or 8 client, which shall be whether a person has a disability and 9 whether the need for an assistance animal or service animal is 10 related to the disability. The form must indicate that the 11 responses must be limited to “yes” or “no”. The form must not 12 allow for additional detail. The form must also set forth the 13 requirements under subsection 2 and indicate that the licensee 14 confirms that all such circumstances are present, with a “yes” 15 or “no”. 16 5. A landlord housing provider may deny a request for an 17 exception to a pet policy or other requested accommodation 18 related to a service animal or assistance animal if a 19 person, who does not have a readily apparent disability, or 20 a disability known to the landlord housing provider , fails 21 to provide documentation indicating that the person has a 22 disability and the person has a disability-related need for an 23 the type and number of assistance animal animals or service 24 animal animals requested by the person . 25 Sec. 5. Section 216.8C, Code 2022, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7. A written finding provided by a licensee 28 under this section is effective for two years after the date of 29 such written finding, unless otherwise set forth in the written 30 finding. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to reasonable housing accommodations 35 -3- LSB 5370XS (3) 89 cm/jh 3/ 5

S.F. 2093 for persons with assistance animals or service animals. The 1 bill replaces the term “landlord” with “housing provider” in 2 Code chapter 216. The bill provides that a housing provider 3 make accommodations in its rules, policies, practices, and 4 services for a person with an assistance or service animal that 5 needs reasonable accommodations to afford the person equal 6 opportunity to use and enjoy the dwelling. Under current law, 7 a housing provider is only required to waive lease restrictions 8 and additional pet payments for a person with an assistance or 9 service animal. 10 The bill provides that a housing provider may deny an 11 accommodation request when granting the request would impose 12 undue financial and administrative burden on the housing 13 provider, would fundamentally change the nature of the housing 14 provider’s operations, the specific animal in question poses a 15 threat to health or safety of others that cannot be reduced or 16 eliminated or would cause substantial physical damage to the 17 property, or an accommodation is not otherwise reasonable. 18 The bill provides that a person who misrepresents an animal 19 as an assistance or service animal or provides the housing 20 provider with false information regarding a claimed assistance 21 or service animal commits a simple misdemeanor. A simple 22 misdemeanor is punishable by confinement for no more than 30 23 days and a fine of at least $105 but not more than $855. 24 The bill provides that a written finding that an assistance 25 animal or service animal is a reasonable accommodation 26 in housing from an approved licensee must include express 27 confirmation that the licensee has met with the person within 28 the past six months, the pair has a bona fide provider-patient 29 relationship, the licensee has a physical Iowa location, and 30 the licensee has not received compensation for making the 31 finding. A housing provider may deny a request for a service 32 animal or assistance animal accommodation for the type and 33 number of animals requested by the person if the person failed 34 to provide documentation or has a disability that is not 35 -4- LSB 5370XS (3) 89 cm/jh 4/ 5

S.F. 2093 readily apparent or known to the housing provider. 1 -5- LSB 5370XS (3) 89 cm/jh 5/ 5