Bill now headed to Gov. Kim Reynolds' for her signature
Tom Barton
Apr. 1, 2024 6:29 pm, Updated: Apr. 2, 2024 12:31 pm
DES MOINES — Landlords could require tenants to provide documentation if they need an assistance animal under legislation headed to Iowa Gov. Kim Reynolds for her signature.
Senate File 2268 changes how landlords respond to requests from individuals with a disability who request to keep an assistance animal or service animal as a reasonable accommodation in housing.
Instead of immediately waiving charges and lease restrictions on pets, landlords could evaluate requests and must respond promptly. The bill also lists when landlords can deny requests, such as for a financial burden or safety concerns.
It unanimously passed the Iowa Senate on Monday after being amended by the Iowa House.
The bill was amended to provide written proof of disability and the need for an assistance animal from out-of-state health care providers, in addition to in-state providers. It also eliminates the term "service animal" in some areas of the bill because the term still falls under the federal definition of assistance animals.
Sen. Scott Webster, the bill's floor manager and a Republican from Bettendorf, said the legislation "will help tremendously" to make sure those in need of assistance animals can get them while preventing inappropriate use.
Under the bill, if a person's disability or disability-related need for an assistance animal is not readily apparent, a landlord can request a letter from a licensed health care professional verifying the individual has a disability and the necessity of the animal for the tenant's well-being.
However, tenants are not required to disclose their disability. Rather, they need only disclose enough information to document their disability-related need for an assistance animal.
Landlords also could request certification of the patient-provider relationship and whether the provider "received a separate or additional fee or other form of compensation solely in exchange for making the written finding" of their disability-related need for an assistance animal.
The bill defines "assistance animal" as an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act.
The U.S. Department of Housing and Urban Development defines an assistance animal as one that 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.
"Service animal" means a dog or miniature horse as set forth in regulations under the Americans with Disabilities Act that is trained to perform tasks on behalf of the individual due to the disability.
Landlords still would be required to make reasonable accommodations for assistance and service animals in their rules, policies, practices and services normally required for pets. The bill states its "shall not be construed to restrict existing federal law related to a person's right to a reasonable accommodation and equal access to housing, including but not limited to the federal Fair Housing Act."
Under the bill, landlords could deny a request for an accommodation for an assistance animal or service animal if:
They would be required to provide a written determination regarding a person's request for an assistance animal.
The Iowa Developmental Disabilities Council and Disability Rights Iowa were registered against the bill.
Rep. Josh Turek, D-Council Bluffs, is a Paralympian, a two-time gold medalist in wheelchair basketball and disability advocate. Turek said the bill attempts to clarify the distinction between an emotional support animal and a trained service animal.
"We want to avoid any unintentional consequences of disabled individuals that really need the service animal," Turek said on the House floor. "We want to have more regulation on the emotional support animals without adding any unnecessary burdens to the disabled individuals or eroding any of those protections."
Rep. Jacob Bossman, R-Sioux City, who floor managed the bill in the House, said it is modeled after California law and the Federal Fair Housing Act.
"I believe it establishes clear, common-sense regulations that are transparent and will protect good-acting tenants and landlords, and make this system sustainable well into the future," Bossman said during floor debate.
Rep. Heather Matson, an Ankeny Democrat who served on the subcommittee that advanced the bill, said while the bill does not address all of her concerns related to documentation requirements for assistance animals, "I do think that this amended bill is a great example of bipartisan compromise that clarifies a framework and provides a clearer structure for landlords to follow that remains in compliance with federal law."
Comments: (319) 398-8499; tom.barton@thegazette.com
www.thegazette.com
Tom Barton
Apr. 1, 2024 6:29 pm, Updated: Apr. 2, 2024 12:31 pm
DES MOINES — Landlords could require tenants to provide documentation if they need an assistance animal under legislation headed to Iowa Gov. Kim Reynolds for her signature.
Senate File 2268 changes how landlords respond to requests from individuals with a disability who request to keep an assistance animal or service animal as a reasonable accommodation in housing.
Instead of immediately waiving charges and lease restrictions on pets, landlords could evaluate requests and must respond promptly. The bill also lists when landlords can deny requests, such as for a financial burden or safety concerns.
It unanimously passed the Iowa Senate on Monday after being amended by the Iowa House.
The bill was amended to provide written proof of disability and the need for an assistance animal from out-of-state health care providers, in addition to in-state providers. It also eliminates the term "service animal" in some areas of the bill because the term still falls under the federal definition of assistance animals.
Sen. Scott Webster, the bill's floor manager and a Republican from Bettendorf, said the legislation "will help tremendously" to make sure those in need of assistance animals can get them while preventing inappropriate use.
Under the bill, if a person's disability or disability-related need for an assistance animal is not readily apparent, a landlord can request a letter from a licensed health care professional verifying the individual has a disability and the necessity of the animal for the tenant's well-being.
However, tenants are not required to disclose their disability. Rather, they need only disclose enough information to document their disability-related need for an assistance animal.
Landlords also could request certification of the patient-provider relationship and whether the provider "received a separate or additional fee or other form of compensation solely in exchange for making the written finding" of their disability-related need for an assistance animal.
The bill defines "assistance animal" as an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act.
The U.S. Department of Housing and Urban Development defines an assistance animal as one that 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.
"Service animal" means a dog or miniature horse as set forth in regulations under the Americans with Disabilities Act that is trained to perform tasks on behalf of the individual due to the disability.
Landlords still would be required to make reasonable accommodations for assistance and service animals in their rules, policies, practices and services normally required for pets. The bill states its "shall not be construed to restrict existing federal law related to a person's right to a reasonable accommodation and equal access to housing, including but not limited to the federal Fair Housing Act."
Under the bill, landlords could deny a request for an accommodation for an assistance animal or service animal if:
- Doing so would impose an undue financial and administrative hardship on the landlord
- It would fundamentally alter the nature of the landlord's operations
- It would pose a direct threat to the safety or health of others that cannot be reduced or eliminated by a reasonable accommodation
- It would cause substantial physical damage to the property of others that cannot be reduced or eliminated by a reasonable accommodation
- Is not otherwise reasonable
They would be required to provide a written determination regarding a person's request for an assistance animal.
The Iowa Developmental Disabilities Council and Disability Rights Iowa were registered against the bill.
Rep. Josh Turek, D-Council Bluffs, is a Paralympian, a two-time gold medalist in wheelchair basketball and disability advocate. Turek said the bill attempts to clarify the distinction between an emotional support animal and a trained service animal.
"We want to avoid any unintentional consequences of disabled individuals that really need the service animal," Turek said on the House floor. "We want to have more regulation on the emotional support animals without adding any unnecessary burdens to the disabled individuals or eroding any of those protections."
Rep. Jacob Bossman, R-Sioux City, who floor managed the bill in the House, said it is modeled after California law and the Federal Fair Housing Act.
"I believe it establishes clear, common-sense regulations that are transparent and will protect good-acting tenants and landlords, and make this system sustainable well into the future," Bossman said during floor debate.
Rep. Heather Matson, an Ankeny Democrat who served on the subcommittee that advanced the bill, said while the bill does not address all of her concerns related to documentation requirements for assistance animals, "I do think that this amended bill is a great example of bipartisan compromise that clarifies a framework and provides a clearer structure for landlords to follow that remains in compliance with federal law."
Comments: (319) 398-8499; tom.barton@thegazette.com
Landlords could require proof of medical need for assistance animals
Instead of immediately waiving charges and lease restrictions on pets, Iowa landlords could evaluate requests and must respond promptly.
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