HB 2068
Initials PB Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: COM DP 7-2-1-0
HB 2068: landlord tenant; assistance animals
Sponsor: Representative Kupper, LD 25
House Engrossed
Overview
Provides for allowing a tenant to request for an accommodation relating to an assistance
animal.
History
The federal 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.
According to the U.S. Department of Housing and Urban Development, an assistance animal
is an animal that works, provides assistance, or performs tasks for the benefit of a person
with a disability, or that provides emotional support that alleviates one or more identified
effects of a person’s disability. An assistance animal is not a pet. A housing provider must
allow a reasonable accommodation involving an assistance animal in situations that meet all
of the following conditions:
1) A request was made to the housing provider by or for a person with a disability;
2) The request was supported by reliable disability-related information, if the disability and
the disability-related need for the animal were not apparent and the housing provider
requested such information; and
3) The housing provider has not demonstrated that:
a) granting the request would impose an undue financial and administrative burden on
the housing provider;
b) the request would fundamentally alter the essential nature of the housing provider’s
operations;
c) the specific assistance animal in question would pose a direct threat to the health or
safety of others despite any other reasonable accommodations that could eliminate or
reduce the threat; and
d) the request would not result in significant physical damage to the property of others
despite any other reasonable accommodations that could eliminate or reduce the
physical damage.
Under statute, 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
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2068
Initials PB Page 2 House Engrossed
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)
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)