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House File 2001 - IntroducedA Bill ForAn Act 1relating to service dogs and assistive animals in
2residential rental property, providing for landlord remedies
3to remove dogs and animals, and providing penalties for
4misrepresenting an animal as a service dog or assistive
5animal.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216C.11, Code 2018, is amended to read
2as follows:
3216C.11 Service dogs and assistive animals.
41. For purposes of this section,“service dog” means a dog
5specially trained to assist a person with a disability, whether
6described as a service dog, a support dog, an independence dog,
7or otherwise. “Assistive animal” means a simian or other animal
8specially trained or in the process of being trained to assist
9a person with a disability.
102. A person with a disability, a person assisting a person
11with a disability by controlling a service dog or an assistive
12animal, or a person training a service dog or an assistive
13animal has the right to be accompanied by a service dog or an
14assistive animal, under control, in any of the places listed
15in sections 216C.3 and 216C.4 without being required to make
16additional payment for the service dog or assistive animal.
173. a. A landlord shall waive lease restrictions on the
18keeping of animals for the service dog or assistive animal of a
19person with a disability.
20b. The person is liable for damage done to any premises or
21facility by a service dog or assistive animal.
22c. A landlord may require a person with a disability to
23remove the person’s service dog or assistive animal from the
24person’s residential rental unit for any of the following
25reasons:
26(1) The service dog or assistive animal is out of control
27and the person with a disability or the person assisting the
28person with a disability by controlling a service dog or an
29assistive animal does not take effective action to control the
30service dog or assistive animal.
31(2) The service dog or assistive animal is not able to
32control its excretion of urine or feces.
33(3) The service dog or assistive animal poses a direct
34threat to the health or safety of others and that threat cannot
35be eliminated or reduced to an acceptable level by making a
-1-1reasonable accommodation by providing alternative policies,
2practices, or procedures.
33. 4. A person who knowingly denies or interferes with
4the right of a person under this section is, upon conviction,
5guilty of a simple misdemeanor.
65. a. A person who knowingly misrepresents an animal as a
7service dog or assistive animal is, upon conviction, guilty of
8a simple misdemeanor.
9b. A person commits the offense of knowingly misrepresenting
10an animal as a service dog or assistance animal if all of the
11following criteria are met:
12(1) A person intentionally misrepresents an animal in the
13person’s possession as a service dog or assistive animal for
14the purpose of obtaining any of the rights or privileges set
15forth in this section by doing any of the following:
16(a) Creating and providing a false document.
17(b) Fitting an animal with a harness, collar, vest, or sign
18when the animal is not a service dog or assistive animal.
19(c) Falsely stating the animal is a service dog or assistive
20animal.
21(2) The person was previously given a written or verbal
22warning that it is illegal to knowingly misrepresent an animal
23as a service dog or assistive animal.
24(3) The person knows that the animal is not a service dog
25or assistive animal or a service dog or assistive animal in
26training.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill amends Code section 216C.11 to provide remedies
31for a landlord when a service dog or assistive animal is
32disruptive, damaging, or harmful. The Code currently provides
33that a landlord shall waive lease restrictions on the keeping
34of animals for the service dog or assistive animal of a person
35with a disability. The Code also provides that the person is
-2-1liable for damage done to any premises or facility by a service
2dog or assistive animal.
3The bill allows a landlord to require a person with a
4disability to remove the person’s service dog or assistive
5animal from the person’s residential rental unit for any of
6the following reasons: the service dog or assistive animal is
7out of control and the person with a disability, or the person
8assisting the person with a disability by controlling a service
9dog or an assistive animal, does not take effective action to
10control the service dog or assistive animal; the service dog or
11assistive animal is not able to control its excretion of urine
12or feces; or the service dog or assistive animal poses a direct
13threat to the health or safety of others and that threat cannot
14be eliminated or reduced to an acceptable level by making
15a reasonable accommodation that applies to other policies,
16practices, or procedures.
17Finally, the bill criminalizes the knowing misrepresentation
18of an animal as a service dog or assistive animal. The bill
19would make this offense a simple misdemeanor. A simple
20misdemeanor is punishable by confinement for no more than 30
21days or a fine of at least $65 but not more than $625 or by
22both. Under the bill, a person commits this offense if three
23criteria are met. The first criterion is that the person
24intentionally misrepresents an animal in possession as a
25service dog or assistive animal for the purpose of obtaining
26any of the rights or privileges set forth in Code section
27216C.11 by doing any of the following: creating and providing
28false documents; fitting an animal with a harness, collar,
29vest, or sign when the animal is not a service dog or assistive
30animal; or falsely stating the animal is a service dog or
31assistive animal. The second criterion is that the person was
32previously given a written or verbal warning that it is illegal
33to knowingly misrepresent a service dog or assistive animal.
34The third criterion is that the person knows that the animal
35is not a service dog or assistive animal or a service dog or
-3-1assistive animal in training.
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2residential rental property, providing for landlord remedies
3to remove dogs and animals, and providing penalties for
4misrepresenting an animal as a service dog or assistive
5animal.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216C.11, Code 2018, is amended to read
2as follows:
3216C.11 Service dogs and assistive animals.
41. For purposes of this section,“service dog” means a dog
5specially trained to assist a person with a disability, whether
6described as a service dog, a support dog, an independence dog,
7or otherwise. “Assistive animal” means a simian or other animal
8specially trained or in the process of being trained to assist
9a person with a disability.
102. A person with a disability, a person assisting a person
11with a disability by controlling a service dog or an assistive
12animal, or a person training a service dog or an assistive
13animal has the right to be accompanied by a service dog or an
14assistive animal, under control, in any of the places listed
15in sections 216C.3 and 216C.4 without being required to make
16additional payment for the service dog or assistive animal.
173. a. A landlord shall waive lease restrictions on the
18keeping of animals for the service dog or assistive animal of a
19person with a disability.
20b. The person is liable for damage done to any premises or
21facility by a service dog or assistive animal.
22c. A landlord may require a person with a disability to
23remove the person’s service dog or assistive animal from the
24person’s residential rental unit for any of the following
25reasons:
26(1) The service dog or assistive animal is out of control
27and the person with a disability or the person assisting the
28person with a disability by controlling a service dog or an
29assistive animal does not take effective action to control the
30service dog or assistive animal.
31(2) The service dog or assistive animal is not able to
32control its excretion of urine or feces.
33(3) The service dog or assistive animal poses a direct
34threat to the health or safety of others and that threat cannot
35be eliminated or reduced to an acceptable level by making a
-1-1reasonable accommodation by providing alternative policies,
2practices, or procedures.
33. 4. A person who knowingly denies or interferes with
4the right of a person under this section is, upon conviction,
5guilty of a simple misdemeanor.
65. a. A person who knowingly misrepresents an animal as a
7service dog or assistive animal is, upon conviction, guilty of
8a simple misdemeanor.
9b. A person commits the offense of knowingly misrepresenting
10an animal as a service dog or assistance animal if all of the
11following criteria are met:
12(1) A person intentionally misrepresents an animal in the
13person’s possession as a service dog or assistive animal for
14the purpose of obtaining any of the rights or privileges set
15forth in this section by doing any of the following:
16(a) Creating and providing a false document.
17(b) Fitting an animal with a harness, collar, vest, or sign
18when the animal is not a service dog or assistive animal.
19(c) Falsely stating the animal is a service dog or assistive
20animal.
21(2) The person was previously given a written or verbal
22warning that it is illegal to knowingly misrepresent an animal
23as a service dog or assistive animal.
24(3) The person knows that the animal is not a service dog
25or assistive animal or a service dog or assistive animal in
26training.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill amends Code section 216C.11 to provide remedies
31for a landlord when a service dog or assistive animal is
32disruptive, damaging, or harmful. The Code currently provides
33that a landlord shall waive lease restrictions on the keeping
34of animals for the service dog or assistive animal of a person
35with a disability. The Code also provides that the person is
-2-1liable for damage done to any premises or facility by a service
2dog or assistive animal.
3The bill allows a landlord to require a person with a
4disability to remove the person’s service dog or assistive
5animal from the person’s residential rental unit for any of
6the following reasons: the service dog or assistive animal is
7out of control and the person with a disability, or the person
8assisting the person with a disability by controlling a service
9dog or an assistive animal, does not take effective action to
10control the service dog or assistive animal; the service dog or
11assistive animal is not able to control its excretion of urine
12or feces; or the service dog or assistive animal poses a direct
13threat to the health or safety of others and that threat cannot
14be eliminated or reduced to an acceptable level by making
15a reasonable accommodation that applies to other policies,
16practices, or procedures.
17Finally, the bill criminalizes the knowing misrepresentation
18of an animal as a service dog or assistive animal. The bill
19would make this offense a simple misdemeanor. A simple
20misdemeanor is punishable by confinement for no more than 30
21days or a fine of at least $65 but not more than $625 or by
22both. Under the bill, a person commits this offense if three
23criteria are met. The first criterion is that the person
24intentionally misrepresents an animal in possession as a
25service dog or assistive animal for the purpose of obtaining
26any of the rights or privileges set forth in Code section
27216C.11 by doing any of the following: creating and providing
28false documents; fitting an animal with a harness, collar,
29vest, or sign when the animal is not a service dog or assistive
30animal; or falsely stating the animal is a service dog or
31assistive animal. The second criterion is that the person was
32previously given a written or verbal warning that it is illegal
33to knowingly misrepresent a service dog or assistive animal.
34The third criterion is that the person knows that the animal
35is not a service dog or assistive animal or a service dog or
-3-1assistive animal in training.
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