Bill Text: HI HB2271 | 2022 | Regular Session | Introduced
Bill Title: Relating To Assistance Animals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-28 - Referred to HSG, JHA, referral sheet 3 [HB2271 Detail]
Download: Hawaii-2022-HB2271-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2271 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to assistance animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State's fair housing laws should be clarified to distinguish between an "assistance animal" and a "service animal". Section 347-2.5, Hawaii Revised Statutes, defines a "service animal" for the purposes of state applications of the Americans with Disability Act. The definition limits "service animals" to trained dogs that provide services or help persons with disabilities perform tasks. The definition of "service animal" excludes species other than dogs and excludes animals that provide emotional assistance to persons with disabilities. The legislature believes that the State's fair housing laws should allow for a broader accommodation of "assistance animals" including trained or untrained animals that help alleviate a disability by providing emotional support.
The legislature also finds that the State's fair housing laws should be clearer on the documentation needed to request an assistance animal as a reasonable housing accommodation. Although landlords may ask for verification from a health care provider that the person has a disability-related need for an assistance animal as a reasonable accommodation, some landlords are concerned that verification could be provided by an out-of-state health care provider who has not personally treated the person.
SECTION 2. Section 515-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Assistance animal" means an animal that is needed for the benefit of a person with a disability to perform disability-related work, services, or tasks, or to provide emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance animals may include service animals, therapy animals, comfort animals, or emotional support animals. Assistance animals may have formal training or may be untrained and may include species other than dogs."
SECTION 3. Section 515-3, Hawaii Revised Statutes, is amended to read as follows:
"§515-3 Discriminatory practices. It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:
(1) To refuse to engage in a real estate transaction with a person;
(2) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;
(3) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
(4) To refuse to negotiate for a real estate transaction with a person;
(5) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, or to fail to bring a property listing to the person's attention, or to refuse to permit the person to inspect real property, or to steer a person seeking to engage in a real estate transaction;
(6) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;
[[](7)[]] To solicit or require as a condition of
engaging in a real estate transaction that the buyer, renter, or lessee be tested
for human immunodeficiency virus infection, the causative agent of acquired
immunodeficiency syndrome;
[[](8)[]] To refuse to permit, at the expense of a
person with a disability, reasonable modifications to existing premises
occupied or to be occupied by the person if modifications may be necessary to
afford the person full enjoyment of the premises; provided that a real estate
broker or salesperson, where it is reasonable to do so, may condition
permission for a modification on the person agreeing to restore the interior of
the premises to the condition that existed before the modification, reasonable
wear and tear excepted;
[[](9)[]] To refuse to make reasonable
accommodations in rules, policies, practices, or services, when the
accommodations may be necessary to afford a person with a disability equal
opportunity to use and enjoy a housing accommodation; provided that if
reasonable accommodations include the use of an assistance animal,
reasonable restrictions may be imposed; provided further that any verification
provided by a person with a disability to establish the disability-related
need for an assistance animal as a reasonable accommodation shall have been
issued in writing by a health care professional, mental health professional, social
worker, or rehabilitation counselor who has personally evaluated the person;
[[](10)[]] In connection with the design and
construction of covered multifamily housing accommodations for first occupancy
after March 13, 1991, to fail to design and construct housing accommodations in
such a manner that:
(A) The housing accommodations have at least one accessible entrance, unless it is impractical to do so because of the terrain or unusual characteristics of the site; and
(B) With respect to housing accommodations with an accessible building entrance:
(i) The public use and common use portions of the housing accommodations are accessible to and usable by persons with disabilities;
(ii) Doors allow passage by persons in wheelchairs; and
(iii) All premises within covered multifamily housing accommodations contain an accessible route into and through the housing accommodations; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; reinforcements in the bathroom walls allow installation of grab bars; and kitchens and bathrooms are accessible by wheelchair; or
[[](11)[]] To discriminate against or deny a
person access to, or membership or participation in any multiple listing
service, real estate broker's organization, or other service, organization, or facility
involved either directly or indirectly in real estate transactions, or to
discriminate against any person in the terms or conditions of access,
membership, or participation."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Assistance
Animal; Fair Housing; Reasonable Accommodation; Definition
Description:
Defines "assistance animal" for purposes of the State's fair housing laws. Clarifies the type of verification a person with a disability must provide to request an assistance animal as a reasonable housing accommodation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
