Senate File 2268 - Reprinted
SENATE FILE 2268
BY WEBSTER
(As Amended and Passed by the Senate February 19, 2024)
A BILL FOR
1 An Act relating to assistance animals and service animals,
2 including reasonable accommodations for housing and
3 requirements for findings of disabilities.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 216.8B, Code 2024, is amended to read as
2 follows:
3 216.8B Assistance animals and service animals in housing ——
4 penalty.
5 1. For purposes of this section, unless the context
6 otherwise requires:
7 a. "Assistance animal" means an animal that qualifies as a
8 reasonable accommodation under the federal Fair Housing Act, 42
9 U.S.C. §3601 et seq., as amended, or section 504 of the federal
10 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended.
11 b. "Service animal" means a dog or miniature horse as set
12 forth in the implementing regulations of Tit. II and Tit. III
13 of the federal Americans with Disabilities Act of 1990, 42
14 U.S.C. §12101 et seq.
15 2. A landlord shall waive lease restrictions and additional
16 payments normally required for pets on the keeping of
17 animals for the assistance animal or service animal of a
18 person with a disability. A person with a disability and a
19 disability-related need for an assistance animal or service
20 animal may request from a landlord to keep an assistance animal
21 or service animal as a reasonable accommodation in housing.
22 Following a request for accommodation, the landlord shall
23 evaluate and respond to the request within a reasonable amount
24 of time.
25 3. A renter is liable for damage done to any dwelling
26 by an assistance animal or service animal. If a person's
27 disability or disability-related need for an assistance animal
28 or service animal is not readily apparent, the landlord may
29 request supporting information that reasonably supports the
30 person's need for the particular assistance animal or service
31 animal being requested. Supporting information may include
32 documentation identified in section 216.8C, subsection 1.
33 4. A person who knowingly denies or interferes with the
34 right of a person with a disability under this section is, upon
35 conviction, guilty of a simple misdemeanor. An assistance
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1 animal or service animal registration of any kind, including
2 but not limited to an identification card, patch, certificate,
3 or similar registration obtained electronically or in person,
4 is not sufficient information to reliably establish that the
5 person has a disability or disability-related need for an
6 assistance animal or service animal.
7 5. If a person requests to keep more than one assistance
8 animal or service animal, the landlord may request information
9 for each assistance animal or service animal pursuant to
10 section 216.8C, subsection 1.
11 6. Unless otherwise prohibited by state or federal law,
12 rule, or regulation, a landlord:
13 a. Shall not request information under this section that
14 discloses a diagnosis or severity of a person's disability or
15 any medical records relating to the disability, but a person
16 with a disability or legal guardian may voluntarily disclose
17 such information or medical records to the landlord at the
18 person with the disability or legal guardian's discretion.
19 b. Shall make reasonable accommodations in the landlord's
20 rules, policies, practices, and services normally required
21 for pets, for the assistance animal or service animal of a
22 person 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 landlord's 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 accommodation.
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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 person's 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 leased premises, the
17 landlord's property, any other person's property, or to another
18 person on the leased premises, the landlord's property, any
19 other person's property by the tenant's assistance animal or
20 service animal and any applicable remedies available pursuant
21 to chapter 562A or chapter 562B.
22 8. This section does not limit the means by which a person
23 with a disability may demonstrate, pursuant to state or federal
24 law, that the person has a disability or that the person has
25 a disability-related need for an assistance animal or service
26 animal.
27 9. This section shall not be construed to restrict existing
28 federal law related to a person's right to a reasonable
29 accommodation and equal access to housing, including but not
30 limited to the federal Fair Housing Act.
31 Sec. 2. Section 216.8C, Code 2024, is amended by striking
32 the section and inserting in lieu thereof the following:
33 216.8C Finding of disability and need for an assistance
34 animal or service animal in housing.
35 1. Upon a request for documentation pursuant to section
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1 216.8B, subsection 3, a licensee under chapter 148, 148C, 152,
2 154B, 154C, or 154D shall make a written finding that includes
3 all of the following:
4 a. Whether the patient or client has a disability.
5 b. Whether the patient has a disability-related need for an
6 assistance animal or service animal.
7 c. The particular assistance provided by the assistance
8 animal or service animal, if any.
9 d. Certification whether the provider-patient relationship
10 has existed, in person or telehealth, for at least thirty days
11 between the licensee and the patient or client.
12 e. Certification whether the licensee is familiar with
13 the person and the disability prior to providing the written
14 finding.
15 f. The date the finding was issued by the licensee and the
16 date the finding will expire.
17 g. The license number and type of license held by the
18 licensee.
19 h. State whether the licensee received a separate or
20 additional fee or other form of compensation solely in exchange
21 for making the written finding required under this section.
22 2. The written finding must be made within twelve months of
23 the start of a rental agreement and is valid for a period of
24 twelve months or the term of the rental agreement, whichever
25 is greater.
26 3. A licensee under chapter 148, 148C, 152, 154B, 154C, or
27 154D may be subject to disciplinary action from the licensee's
28 licensing board for a violation of this section.
29 4. The commission shall create a form in compliance
30 with this section and provide the form to the public on the
31 commission's website.
32 5. The commission shall offer training and consultation to
33 the governing boards under chapter 148, 148C, 152, 154B, 154C,
34 or 154D.
35 6. This section does not limit the means by which a person
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1 with a disability may demonstrate, pursuant to state or federal
2 law, that the person has a disability or that the person has
3 a disability-related need for an assistance animal or service
4 animal.
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SENATE FILE 2268
BY WEBSTER
(As Amended and Passed by the Senate February 19, 2024)
A BILL FOR
1 An Act relating to assistance animals and service animals,
2 including reasonable accommodations for housing and
3 requirements for findings of disabilities.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
SF 2268 (4) 90
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S.F. 2268
1 Section 1. Section 216.8B, Code 2024, is amended to read as
2 follows:
3 216.8B Assistance animals and service animals in housing ——
4 penalty.
5 1. For purposes of this section, unless the context
6 otherwise requires:
7 a. "Assistance animal" means an animal that qualifies as a
8 reasonable accommodation under the federal Fair Housing Act, 42
9 U.S.C. §3601 et seq., as amended, or section 504 of the federal
10 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended.
11 b. "Service animal" means a dog or miniature horse as set
12 forth in the implementing regulations of Tit. II and Tit. III
13 of the federal Americans with Disabilities Act of 1990, 42
14 U.S.C. §12101 et seq.
15 2. A landlord shall waive lease restrictions and additional
16 payments normally required for pets on the keeping of
17 animals for the assistance animal or service animal of a
18 person with a disability. A person with a disability and a
19 disability-related need for an assistance animal or service
20 animal may request from a landlord to keep an assistance animal
21 or service animal as a reasonable accommodation in housing.
22 Following a request for accommodation, the landlord shall
23 evaluate and respond to the request within a reasonable amount
24 of time.
25 3. A renter is liable for damage done to any dwelling
26 by an assistance animal or service animal. If a person's
27 disability or disability-related need for an assistance animal
28 or service animal is not readily apparent, the landlord may
29 request supporting information that reasonably supports the
30 person's need for the particular assistance animal or service
31 animal being requested. Supporting information may include
32 documentation identified in section 216.8C, subsection 1.
33 4. A person who knowingly denies or interferes with the
34 right of a person with a disability under this section is, upon
35 conviction, guilty of a simple misdemeanor. An assistance
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S.F. 2268
1 animal or service animal registration of any kind, including
2 but not limited to an identification card, patch, certificate,
3 or similar registration obtained electronically or in person,
4 is not sufficient information to reliably establish that the
5 person has a disability or disability-related need for an
6 assistance animal or service animal.
7 5. If a person requests to keep more than one assistance
8 animal or service animal, the landlord may request information
9 for each assistance animal or service animal pursuant to
10 section 216.8C, subsection 1.
11 6. Unless otherwise prohibited by state or federal law,
12 rule, or regulation, a landlord:
13 a. Shall not request information under this section that
14 discloses a diagnosis or severity of a person's disability or
15 any medical records relating to the disability, but a person
16 with a disability or legal guardian may voluntarily disclose
17 such information or medical records to the landlord at the
18 person with the disability or legal guardian's discretion.
19 b. Shall make reasonable accommodations in the landlord's
20 rules, policies, practices, and services normally required
21 for pets, for the assistance animal or service animal of a
22 person 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 landlord's 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 accommodation.
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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 person's 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 leased premises, the
17 landlord's property, any other person's property, or to another
18 person on the leased premises, the landlord's property, any
19 other person's property by the tenant's assistance animal or
20 service animal and any applicable remedies available pursuant
21 to chapter 562A or chapter 562B.
22 8. This section does not limit the means by which a person
23 with a disability may demonstrate, pursuant to state or federal
24 law, that the person has a disability or that the person has
25 a disability-related need for an assistance animal or service
26 animal.
27 9. This section shall not be construed to restrict existing
28 federal law related to a person's right to a reasonable
29 accommodation and equal access to housing, including but not
30 limited to the federal Fair Housing Act.
31 Sec. 2. Section 216.8C, Code 2024, is amended by striking
32 the section and inserting in lieu thereof the following:
33 216.8C Finding of disability and need for an assistance
34 animal or service animal in housing.
35 1. Upon a request for documentation pursuant to section
-3-
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S.F. 2268
1 216.8B, subsection 3, a licensee under chapter 148, 148C, 152,
2 154B, 154C, or 154D shall make a written finding that includes
3 all of the following:
4 a. Whether the patient or client has a disability.
5 b. Whether the patient has a disability-related need for an
6 assistance animal or service animal.
7 c. The particular assistance provided by the assistance
8 animal or service animal, if any.
9 d. Certification whether the provider-patient relationship
10 has existed, in person or telehealth, for at least thirty days
11 between the licensee and the patient or client.
12 e. Certification whether the licensee is familiar with
13 the person and the disability prior to providing the written
14 finding.
15 f. The date the finding was issued by the licensee and the
16 date the finding will expire.
17 g. The license number and type of license held by the
18 licensee.
19 h. State whether the licensee received a separate or
20 additional fee or other form of compensation solely in exchange
21 for making the written finding required under this section.
22 2. The written finding must be made within twelve months of
23 the start of a rental agreement and is valid for a period of
24 twelve months or the term of the rental agreement, whichever
25 is greater.
26 3. A licensee under chapter 148, 148C, 152, 154B, 154C, or
27 154D may be subject to disciplinary action from the licensee's
28 licensing board for a violation of this section.
29 4. The commission shall create a form in compliance
30 with this section and provide the form to the public on the
31 commission's website.
32 5. The commission shall offer training and consultation to
33 the governing boards under chapter 148, 148C, 152, 154B, 154C,
34 or 154D.
35 6. This section does not limit the means by which a person
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1 with a disability may demonstrate, pursuant to state or federal
2 law, that the person has a disability or that the person has
3 a disability-related need for an assistance animal or service
4 animal.
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