HB 2068
Initials PB Page 1 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2068: landlord tenant; assistance animals
Sponsor: Representative Kupper, LD 25
Committee on Commerce
Overview
Provides for allowing a tenant to request for an accommodation relating to an assistance
animal.
History
The Fair Housing Act makes it unlawful to refuse to make reasonable accommodations to
rules, policies, practices, or services when such accommodations may be necessary to afford
persons with disabilities an equal opportunity to use and enjoy a dwelling and public and
common use areas. A reasonable accommodation is a change, exception, or adjustment to a
rule, policy, practice, or service that may be necessary for a person with disabilities to have
an equal opportunity to use and enjoy a dwelling.
Any person or entity that operates a public place is prohibited from discriminating against
individuals with disabilities who use service animals if the work or tasks performed by the
service animal are directly related to the individual's disability. A service animal is any dog
or miniature horse that is individually trained or in training to do work or perform tasks for
the benefit of an individual with a disability, including a physical, sensory, psychiatric,
intellectual or other mental disability. Service animal does not include other species of
animals, whether wild or domestic or trained or untrained (A.R.S. 11-1024).
The Arizona Attorney General (AG) provides civil rights guidance relating to service, support
and assistance animals. The AG defines support animal as an animal, trained or untrained,
that does work, performs tasks, provides assistance, and/or provides therapeutic emotional
support for individuals with disabilities. Support animals can be any other animals
commonly kept in households. The AG considers assistance animals as both service animals
and support animals as the term only applies in housing.
Provisions
1. Allows a landlord, if a tenant requests an accommodation for an assistance animal, to:
a) acquire reliable documentation of the disability and the disability-related need for an
assistance animal, only if the disability and related need is unknown or unapparent;
b) request that the person submit certain information on a standardized form;
c) require prescribed documentation for each additional assistance animal; and
d) deny or rescind an accommodation to the assistance animal for specified reasons. (Sec.
1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
HB 2068
Initials PB Page 2 Commerce
2. Requires a person requesting an accommodation to submit reliable documentation
establishing that the person has a disability requiring the use of an assistance animal as
a reasonable accommodation. (Sec. 1)
3. Specifies the reliable documentation to be in writing and describe the disability-related
need for the assistance animal. (Sec. 1)
4. Exempts a landlord from liability of injuries caused by an assistance animal that is
allowed as a reasonable accommodation on or within the landlord's property. (Sec. 1)
5. Defines assistance animal, disability and reasonable accommodation. (Sec. 1)