Montana 2023 Regular Session

Montana House Bill HB703

Introduced
2/20/23  
Refer
2/21/23  
Engrossed
3/3/23  
Refer
3/13/23  
Enrolled
4/11/23  

Caption

Revise housing laws related to emotional support animals

Impact

The implementation of HB 703 will significantly impact the tenant-landlord dynamic in terms of emotional support animals. By prohibiting landlords from asking for sensitive information about a tenant's disability, the bill aims to create a more respectful housing environment for individuals needing emotional support. It also clarifies the responsibilities of both parties, notably that tenants are liable for any damages caused by their emotional support animals, thus ensuring that while support is allowed, accountability is still enforced.

Summary

House Bill 703 aims to revise existing laws related to emotional support animals by establishing clearer guidelines for landlords regarding tenant requests for such animals. The bill allows landlords to request supporting information from a licensed healthcare practitioner to ascertain the tenant's need for an emotional support animal while explicitly prohibiting landlords from requiring information relating to the tenant's diagnosis or severity of their disability. This measure is part of a broader effort to ensure that tenants with emotional support animals can maintain equal access to housing without being subjected to invasive requests for personal medical information.

Sentiment

The sentiment surrounding HB 703 has been generally positive, particularly among advocates for individuals with disabilities, as it broadens accessibility to emotional support animals in housing contexts. However, some landlords express concerns regarding the potential for abuse of the provisions that could lead to increased costs and liabilities. The discourse has highlighted a balance between providing rights to tenants and addressing landlords' rights and responsibilities, reflecting a nuanced debate in legislative circles.

Contention

While HB 703 brings necessary reforms to existing laws concerning emotional support animals, it has not been without contention. Critics argue that allowing tenants to keep emotional support animals could lead to misuse, where individuals may claim the need for such animals without legitimate disabilities. Additionally, ensuring compliance and verifying the authenticity of the supporting documentation from healthcare practitioners poses challenges. These debates illustrate ongoing discussions around the responsibilities and rights of landlords and tenants alike within the framework of supporting emotional wellbeing.

Companion Bills

No companion bills found.

Previously Filed As

MT SB149

Revise emotional support animal laws

MT H5504

Tenants with disabilities may request to keep an emotional support animals.

MT S0553

Tenants with disabilities may request to keep an emotional support animals.

MT AB468

Emotional support animals.

MT HB1218

Amend documentation requirements for emotional support animals in a rental dwelling unit.

MT HB1420

Regarding Emotional Support Animals.

MT HB727

Prohibit emotional support animal misrepresentation in housing law

MT SB327

Emotional support animals in housing; falsely claiming that an animal is a service animal; and providing a penalty. (FE)

MT HB05566

An Act Concerning Emotional Support Animals And Housing Accommodations.

MT H1534

Relative to a commission to study access to emotional support animals in residential housing

Similar Bills

MT SB149

Revise emotional support animal laws

CA AB1493

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OR SB306

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CA SB1017

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TX HB1086

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CA AB924

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CA SB1051

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