Bill Text: IA HF90 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act prohibiting discrimination in housing provided to persons with a disability or disability-related need for an assistance animal and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-03 - Subcommittee recommends passage. Vote Total: 2-1 [HF90 Detail]
Download: Iowa-2021-HF90-Introduced.html
House
File
90
-
Introduced
HOUSE
FILE
90
BY
SALMON
A
BILL
FOR
An
Act
prohibiting
discrimination
in
housing
provided
to
1
persons
with
a
disability
or
disability-related
need
for
an
2
assistance
animal
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
147.55,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7A.
Knowingly
disclosing
the
diagnosis
3
or
severity
of
a
person’s
disability
or
any
medical
records
4
relating
to
the
disability
to
a
landlord
in
violation
of
5
section
216.8C.
6
Sec.
2.
Section
216.2,
Code
2021,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
11A.
“Landlord”
means
any
person
engaging
9
in
conduct
covered
by
the
federal
Fair
Housing
Act,
42
U.S.C.
10
§3601
et
seq.,
as
amended,
or
section
504
of
the
federal
11
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
as
amended,
12
including
the
owner
or
lessor
of
a
dwelling.
13
Sec.
3.
Section
216.8B,
subsection
1,
paragraph
a,
Code
14
2021,
is
amended
to
read
as
follows:
15
a.
“Assistance
animal”
means
an
animal
that
qualifies
as
a
16
reasonable
accommodation
under
the
federal
Fair
Housing
Act,
17
42
U.S.C.
§3601
et
seq.,
as
amended,
or
section
504
of
the
18
federal
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
as
amended
,
19
including
an
animal
that
does
not
require
training
to
do
work,
20
perform
tasks,
provide
assistance,
or
provide
therapeutic
21
emotional
support
by
virtue
of
the
animal’s
presence
which
22
alleviates
one
or
more
identified
symptoms
or
effects
of
a
23
person’s
disability
.
24
Sec.
4.
Section
216.8B,
subsection
3,
Code
2021,
is
amended
25
to
read
as
follows:
26
3.
A
renter
is
liable
for
damage
done
to
any
dwelling
or
27
to
another
person
on
the
premises
by
an
assistance
animal
or
28
service
animal.
29
Sec.
5.
Section
216.8B,
Code
2021,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
5.
A
person
who
knowingly
and
willfully
32
misrepresents,
through
conduct,
verbal
notice,
or
written
33
notice,
as
using
a
service
animal
and
being
qualified
to
use
a
34
service
animal,
or
an
assistance
animal
under
this
section
is,
35
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upon
conviction,
guilty
of
a
simple
misdemeanor.
1
Sec.
6.
Section
216.8C,
subsection
5,
Code
2021,
is
amended
2
to
read
as
follows:
3
5.
A
landlord
may
request
information
necessary
to
verify
4
and
may
deny
a
request
for
an
exception
to
a
pet
policy
if
for
5
any
of
the
following
reasons:
6
a.
If
the
assistance
or
service
animal
poses
a
direct
threat
7
to
the
safety
or
health
of
others
or
poses
a
direct
threat
of
8
physical
damage
to
the
property
of
others,
which
threat
cannot
9
be
reduced
or
eliminated
by
another
reasonable
accommodation.
10
b.
If
a
person,
who
does
not
have
a
readily
apparent
11
disability,
or
a
disability
known
to
the
landlord,
fails
12
to
provide
documentation
indicating
that
the
person
has
a
13
disability
and
the
person
has
a
disability-related
need
for
an
14
each
assistance
animal
or
service
animal
requested
to
be
kept
.
15
c.
If
the
person
does
not
provide
proof
of
compliance
with
16
state
and
local
requirements
for
licensing
and
vaccinating
each
17
assistance
animal
or
service
animal.
18
Sec.
7.
Section
216.8C,
Code
2021,
is
amended
by
adding
the
19
following
new
subsections:
20
NEW
SUBSECTION
.
6.
Notwithstanding
the
authority
to
21
request
information
under
subsection
5,
a
landlord
shall
not
22
request
information
that
discloses
the
diagnosis
or
severity
of
23
a
person’s
disability
or
any
medical
records
relating
to
the
24
disability.
However,
a
person
may
disclose
such
information
or
25
medical
records
to
the
landlord
at
the
person’s
discretion.
26
NEW
SUBSECTION
.
7.
An
assistance
animal
or
service
27
animal
registration
of
any
kind,
including
but
not
limited
28
to
an
identification
card,
patch,
certificate,
or
similar
29
registration
obtained
from
the
internet
is
not,
by
itself,
30
sufficient
information
to
reliably
establish
that
a
person
has
31
a
disability
or
a
disability-related
need
for
an
assistance
32
animal
or
service
animal.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
The
bill
prohibits
a
landlord,
to
the
extent
required
2
by
federal
law,
rule,
or
regulation,
to
deny
housing
to
a
3
person
with
a
disability
or
a
disability-related
need
who
has
4
an
animal
that
is
required
as
support.
Under
current
law,
5
assistance
animals
are
allowed
as
long
as
such
animals
qualify
6
as
reasonable
accommodations
under
the
federal
Fair
Housing
7
Act.
The
bill
defines
assistance
animal
as
an
animal
that
is
8
not
required
to
be
trained
to
assist
a
person
with
a
disability
9
but,
by
virtue
of
its
presence,
provides
support
to
alleviate
10
one
or
more
identified
symptoms
or
effects
of
a
person’s
11
disability.
12
The
bill
provides
that
certain
licensed
medical
providers
13
are
prohibited
from
disclosing
the
diagnosis
or
severity
of
14
a
person’s
disability
or
any
medical
records
relating
to
the
15
disability
to
a
landlord
without
the
consent
of
the
patient
16
and
are
subject
to
licensing
board
discipline
for
violations
17
of
this
provision.
18
The
bill
provides
that
a
person
who
knowingly
and
willfully
19
misrepresents
as
using
a
service
animal
and
being
qualified
to
20
use
a
service
animal,
or
an
assistance
animal,
is
guilty,
upon
21
conviction,
of
a
simple
misdemeanor.
A
person
convicted
of
a
22
simple
misdemeanor
may
be
fined
a
minimum
of
$105
and
a
maximum
23
of
$855.
The
court
may
order
imprisonment
not
to
exceed
30
24
days
in
lieu
of
a
fine
or
in
addition
to
a
fine.
25
The
bill
allows
a
landlord
to
prohibit
the
animal
if
the
26
animal
poses
a
direct
threat
to
the
safety,
health,
or
property
27
of
others
and
to
request
written
documentation
that
reasonably
28
supports
that
the
person
has
a
disability.
If
a
person
29
requests
to
keep
more
than
one
assistance
animal,
the
landlord
30
may
request
information
regarding
the
specific
need
for
each
31
animal
and
may
require
proof
of
licensing
and
vaccination
32
requirements
for
each
animal.
Current
law
provides
that
a
33
landlord
may
deny
a
request
for
an
exception
to
a
pet
policy
34
if
a
person,
who
does
not
have
a
readily
apparent
disability,
35
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or
a
disability
known
to
the
landlord,
fails
to
provide
1
documentation
indicating
that
the
person
has
a
disability
and
2
the
person
has
a
disability-related
need
for
an
assistance
3
animal
or
service
animal.
4
The
bill
prohibits
a
landlord
to
request
information
that
5
discloses
the
diagnosis
or
severity
of
a
person’s
disability
or
6
any
medical
records
relating
to
the
disability.
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