Senate
File
2268
-
Introduced
SENATE
FILE
2268
BY
WEBSTER
A
BILL
FOR
An
Act
relating
to
assistance
animals
and
service
animals,
1
including
reasonable
accommodations
for
housing
and
2
requirements
for
findings
of
disabilities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
216.8B,
Code
2024,
is
amended
to
read
as
1
follows:
2
216.8B
Assistance
animals
and
service
animals
in
housing
——
3
penalty
.
4
1.
For
purposes
of
this
section
,
unless
the
context
5
otherwise
requires:
6
a.
“Assistance
animal”
means
an
animal
that
qualifies
as
a
7
reasonable
accommodation
under
the
federal
Fair
Housing
Act,
42
8
U.S.C.
§3601
et
seq.,
as
amended,
or
section
504
of
the
federal
9
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
as
amended.
10
b.
“Service
animal”
means
a
dog
or
miniature
horse
as
set
11
forth
in
the
implementing
regulations
of
Tit.
II
and
Tit.
III
12
of
the
federal
Americans
with
Disabilities
Act
of
1990,
42
13
U.S.C.
§12101
et
seq.
14
2.
A
landlord
shall
waive
lease
restrictions
and
additional
15
payments
normally
required
for
pets
on
the
keeping
of
16
animals
for
the
assistance
animal
or
service
animal
of
a
17
person
with
a
disability.
A
person
with
a
disability
and
a
18
disability-related
need
for
an
assistance
animal
or
service
19
animal
may
request
from
a
landlord
to
keep
an
assistance
animal
20
or
service
animal
as
a
reasonable
accommodation
in
housing.
21
Following
a
request
for
accommodation,
the
landlord
shall
22
evaluate
and
respond
to
the
request
within
a
reasonable
amount
23
of
time.
24
3.
A
renter
is
liable
for
damage
done
to
any
dwelling
25
by
an
assistance
animal
or
service
animal.
If
a
person’s
26
disability
or
disability-related
need
for
an
assistance
animal
27
or
service
animal
is
not
readily
apparent,
the
landlord
may
28
request
supporting
information
that
reasonably
supports
the
29
person’s
need
for
the
particular
assistance
animal
or
service
30
animal
being
requested.
Supporting
information
may
include
31
documentation
identified
in
section
216.8C,
subsection
1.
32
4.
A
person
who
knowingly
denies
or
interferes
with
the
33
right
of
a
person
with
a
disability
under
this
section
is,
upon
34
conviction,
guilty
of
a
simple
misdemeanor.
An
assistance
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animal
or
service
animal
registration
of
any
kind,
including
1
but
not
limited
to
an
identification
card,
patch,
certificate,
2
or
similar
registration
obtained
electronically
or
in
person,
3
is
not
sufficient
information
to
reliably
establish
that
the
4
person
has
a
disability
or
disability-related
need
for
an
5
assistance
animal
or
service
animal.
6
5.
If
a
person
requests
to
keep
more
than
one
assistance
7
animal
or
service
animal,
the
landlord
may
request
information
8
for
each
assistance
animal
or
service
animal
pursuant
to
9
section
216.8C,
subsection
1.
10
6.
Unless
otherwise
prohibited
by
state
or
federal
law,
11
rule,
or
regulation,
a
landlord:
12
a.
Shall
not
request
information
under
this
section
that
13
discloses
a
diagnosis
or
severity
of
a
person’s
disability
or
14
any
medical
records
relating
to
the
disability,
but
a
person
15
with
a
disability
or
legal
guardian
may
voluntarily
disclose
16
such
information
or
medical
records
to
the
landlord
at
the
17
person
with
the
disability
or
legal
guardian’s
discretion.
18
b.
Shall
make
reasonable
accommodations
in
the
landlord’s
19
rules,
policies,
practices,
and
services,
including
lease
20
restrictions
and
additional
payments
normally
required
for
21
pets,
for
the
assistance
animal
or
service
animal
of
a
person
22
with
a
disability
when
the
accommodations
are
necessary
23
to
afford
the
person
equal
opportunity
to
use
and
enjoy
a
24
dwelling.
25
c.
May
deny
a
request
for
an
accommodation
for
an
assistance
26
animal
or
service
animal
if
any
of
the
following
are
true:
27
(1)
Providing
the
accommodation
would
impose
an
undue
28
financial
and
administrative
hardship
on
the
landlord.
29
(2)
Providing
the
accommodation
would
fundamentally
alter
30
the
nature
of
the
landlord’s
operations.
31
(3)
The
assistance
animal
or
service
animal
would
do
any
of
32
the
following:
33
(a)
Pose
a
direct
threat
to
the
safety
or
health
of
34
others
that
cannot
be
reduced
or
eliminated
by
a
reasonable
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accommodation.
1
(b)
Cause
substantial
physical
damage
to
the
property
of
2
others
that
cannot
be
reduced
or
eliminated
by
a
reasonable
3
accommodation.
4
(4)
Providing
the
accommodation
is
not
otherwise
5
reasonable.
6
d.
May
require
proof
of
compliance
with
state
and
local
7
licensure
and
vaccination
requirements
for
each
assistance
8
animal
or
service
animal.
9
e.
Shall
provide
a
written
determination
regarding
the
10
person’s
request
for
an
assistance
animal
or
service
animal.
11
7.
A
tenant
with
a
disability
and
a
disability-related
need
12
for
an
assistance
animal
or
service
animal
shall:
13
a.
Upon
receipt
of
a
request
for
documentation
consistent
14
with
this
section,
provide
the
landlord
with
the
documentation
15
requested
for
a
determination
on
the
accommodation
request.
16
b.
Be
liable
for
any
damage
done
to
the
premises
or
to
17
another
person
on
the
premises
by
the
tenant’s
assistance
18
animal
or
service
animal
and
any
applicable
remedies
available
19
pursuant
to
chapter
562A
or
chapter
562B.
20
8.
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
9.
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
or
service
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,
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154B,
154C,
or
154D
shall
make
a
written
finding
that
includes
1
all
of
the
following:
2
a.
Whether
the
patient
or
client
has
a
disability.
3
b.
Whether
the
patient
has
a
disability-related
need
for
an
4
assistance
animal
or
service
animal.
5
c.
The
particular
assistance
provided
by
the
assistance
6
animal
or
service
animal,
if
any.
7
d.
Certification
whether
the
provider-patient
relationship
8
has
existed,
in
person
or
telehealth,
for
at
least
thirty
days
9
between
the
licensee
and
the
patient
or
client.
10
e.
Certification
whether
the
licensee
is
familiar
with
11
the
person
and
the
disability
prior
to
providing
the
written
12
finding.
13
f.
The
date
the
finding
was
issued
by
the
licensee
and
the
14
date
the
finding
will
expire.
15
g.
The
license
number
and
type
of
license
held
by
the
16
licensee.
17
h.
State
whether
the
licensee
received
a
separate
or
18
additional
fee
or
other
form
of
compensation
solely
in
exchange
19
for
making
the
written
finding
required
under
this
section.
20
2.
The
written
finding
must
be
made
within
twelve
months
of
21
the
start
of
a
rental
agreement
and
is
valid
for
a
period
of
22
twelve
months
or
the
term
of
the
rental
agreement,
whichever
23
is
greater.
24
3.
A
licensee
under
chapter
148,
148C,
152,
154B,
154C,
or
25
154D
may
be
subject
to
disciplinary
action
from
the
licensee’s
26
licensing
board
for
a
violation
of
this
section.
27
4.
The
commission
shall
create
a
form
in
compliance
28
with
this
section
and
provide
the
form
to
the
public
on
the
29
commission’s
website.
30
5.
The
commission
shall
offer
training
and
consultation
to
31
the
governing
boards
under
chapter
148,
148C,
152,
154B,
154C,
32
or
154D.
33
6.
This
section
does
not
limit
the
means
by
which
a
person
34
with
a
disability
may
demonstrate,
pursuant
to
state
or
federal
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law,
that
the
person
has
a
disability
or
that
the
person
has
1
a
disability-related
need
for
an
assistance
animal
or
service
2
animal.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
reasonable
housing
accommodations
for
7
persons
with
assistance
animals
or
service
animals.
8
The
bill
provides
that
a
housing
provider
may
deny
an
9
accommodation
request
when
granting
the
request
would
impose
10
undue
financial
and
administrative
burden
on
the
housing
11
provider,
would
fundamentally
change
the
nature
of
the
housing
12
provider’s
operations,
the
specific
animal
in
question
poses
a
13
threat
to
the
health
or
safety
of
others
that
cannot
be
reduced
14
or
eliminated
or
would
cause
substantial
physical
damage
to
15
the
property
of
others,
or
an
accommodation
is
not
otherwise
16
reasonable.
17
Under
current
law,
a
person
who
knowingly
denies
or
18
interferes
with
the
right
of
a
person
with
a
disability,
upon
19
conviction,
is
guilty
of
a
simple
misdemeanor.
The
bill
20
removes
this
criminal
penalty.
21
The
bill
requires
that
a
written
finding
that
an
assistance
22
animal
or
service
animal
is
a
reasonable
accommodation
23
in
housing
from
an
approved
licensee
must
include
express
24
confirmation
that
the
licensee
has
met
with
the
person
within
25
the
past
30
days,
the
pair
has
a
provider-patient
relationship,
26
the
licensee
is
familiar
with
the
person
and
the
disability
27
prior
to
providing
the
written
finding,
provides
the
issuance
28
and
expiration
date
of
the
licensee’s
finding,
provides
the
29
licensee’s
license
number
and
type
of
license
held
by
the
30
licensee,
and
that
the
licensee
has
not
received
compensation
31
for
making
the
finding.
32
The
bill
provides
that
the
written
finding
shall
be
made
33
within
12
months
of
the
start
of
a
rental
agreement
and
is
34
valid
for
a
period
of
12
months
or
the
term
of
the
rental
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agreement,
whichever
is
greater.
1
The
bill
instructs
the
commission
on
civil
rights
to
create
2
a
form
in
compliance
with
Code
section
216.8C
that
is
available
3
on
the
commission’s
website.
The
commission
is
also
required
4
to
offer
training
and
consultation
to
the
governing
boards
of
5
the
license
under
Code
chapter
148
(medicine
and
surgery
and
6
osteopathic
medicine
and
surgery),
148C
(physician
assistants),
7
152
(nursing),
154B
(psychology),
154C
(social
work),
or
154D
8
(behavioral
science).
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