ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
REGULATORY AFFAIRS & GOVERNMENT EFFICIENCY
COMMITTEE
DATE: March 17, 2025
SUBJECT: Strike everything amendment to H.B. 2068, relating to landlord tenant; assistance
animals
Purpose
States that a landlord is not liable for injuries cause by a purported assistance or service
animal that is allowed a reasonable accommodation or modification on the landlord's property.
Background
The federal Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) and
Arizona fair housing laws prohibit housing discrimination because of a disability of the buyer,
renter, person residing in a dwelling or person associated with a buyer, renter or resident.
Discrimination includes: 1) a refusal to permit, at the expense of the person with a disability,
reasonable modifications of existing premises occupied or to be occupied by the person if the
modifications may be necessary to afford the person full enjoyment of the premises, provided that,
in the case of a renter, the landlord may, where it is reasonable to do so, condition permission for
a modification on the renter agreeing, to restore the interior of the premises to the condition that
existed before the modification, reasonable wear and tear excepted; and 2) a refusal to make
reasonable accommodations in rules, policies, practices or services necessary to afford a person
with a disability equal opportunity to use and enjoy a dwelling (42 U.S.C. § 3601; 42 U.S.C.
§ 12101; and A.R.S. § 41-1491.19).
The U.S. Department of Housing and Urban Development states that 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 and is not a pet. Individuals with a disability may request to keep an assistance
animal as a reasonable accommodation to a housing provider’s pet restrictions (HUD).
The definition of service animal, under the ADA, is limited to dogs that are trained to do
work or perform tasks for a person with a disability, with a possible exemption for miniature
horses. An animal whose sole function is to provide comfort or emotional support does not qualify
as a service animal under the ADA. Generally, public and private sector entities must permit
service animals to accompany people with disabilities in all areas where members of the public
are allowed to go. Housing providers are also obligated to make reasonable accommodations for
service animals under the FHA (DOJ).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
JASON THEODOROU
LEGISLATIVE RESEARCH ANALYST
REGULATORY AFFAIRS & GOVERNMENT
EFFICIENCY COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
H.B. 2068
Page 2
Provisions
1. States that a landlord is not liable for injuries cause by a purported assistance animal or alleged
service animal that is allowed as a reasonable accommodation or reasonable modification on
the landlord’s property or within the property controlled by the landlord.
2. Defines assistance animal as an animal including an emotional support animal that is a
reasonable accommodation under the FHA or Section 504 of the federal Rehabilitation Act.
3. Defines reasonable accommodation as any change, waiver or exception to housing policies as
defined by the FHA and that is made to accommodate the disability-related needs of a tenant.
4. Defines service animal as 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.
5. Excludes, from the definition of service animal, other species of animals, whether wild or
domestic, trained or untrained.
6. Becomes effective on the general effective date.