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 TLSB 6069XS (3) 90 cm/jh
S.F. 2268 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 persons 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 persons 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 35 -1- LSB 6069XS (3) 90 cm/jh 1/ 6
S.F. 2268 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 persons 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 guardians discretion. 18 b. Shall make reasonable accommodations in the landlords 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 landlords 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 35 -2- LSB 6069XS (3) 90 cm/jh 2/ 6
S.F. 2268 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 persons 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 tenants 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 persons 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, 35 -3- LSB 6069XS (3) 90 cm/jh 3/ 6
S.F. 2268 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 licensees 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 commissions 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 35 -4- LSB 6069XS (3) 90 cm/jh 4/ 6
S.F. 2268 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 explanations 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 providers 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 licensees finding, provides the 29 licensees 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 35 -5- LSB 6069XS (3) 90 cm/jh 5/ 6
S.F. 2268 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 commissions 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). 9 -6- LSB 6069XS (3) 90 cm/jh 6/ 6