Bill Text: IA SF2093 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to accommodations in housing provided to persons with a disability-related need for assistance animals and service animals, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-17 - Placed on calendar under unfinished business. S.J. 552. [SF2093 Detail]
Download: Iowa-2021-SF2093-Introduced.html
Senate
File
2093
-
Introduced
SENATE
FILE
2093
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
accommodations
in
housing
provided
to
1
persons
with
a
disability-related
need
for
assistance
2
animals
and
service
animals,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
216.8A,
subsection
3,
paragraph
c,
1
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
2
(1)
A
refusal
to
permit,
at
the
expense
of
the
person
with
3
a
disability,
reasonable
modifications
of
existing
premises
4
occupied
or
to
be
occupied
by
the
person
if
the
modifications
5
are
necessary
to
afford
the
person
full
enjoyment
of
the
6
premises.
However,
it
is
not
discrimination
for
a
landlord
7
housing
provider
,
in
the
case
of
a
rental
and
where
reasonable
8
to
do
so,
to
condition
permission
for
a
modification
on
the
9
renter’s
agreement
to
restore
the
interior
of
the
premises
to
10
the
condition
that
existed
before
the
modification,
reasonable
11
wear
and
tear
excepted.
12
Sec.
2.
Section
216.8B,
subsections
2
and
3,
Code
2022,
are
13
amended
to
read
as
follows:
14
2.
A
landlord
housing
provider
shall
waive
make
15
accommodations
in
the
housing
provider’s
rules,
policies,
16
practices,
and
services,
including
lease
restrictions
and
17
additional
payments
normally
required
for
pets
,
on
the
keeping
18
of
animals
for
the
assistance
animal
or
service
animal
of
a
19
person
with
a
disability
when
the
accommodations
are
reasonable
20
and
necessary
to
afford
the
person
equal
opportunity
to
use
and
21
enjoy
a
dwelling
.
22
3.
A
renter
is
liable
for
damage
done
to
any
dwelling
or
23
common
area
by
an
assistance
animal
or
service
animal.
24
Sec.
3.
Section
216.8B,
Code
2022,
is
amended
by
adding
the
25
following
new
subsections:
26
NEW
SUBSECTION
.
3A.
A
housing
provider
may
deny
a
request
27
for
an
accommodation
relating
to
an
assistance
animal
or
28
service
animal
for
any
of
the
following
reasons:
29
a.
Providing
the
accommodation
would
impose
an
undue
30
financial
and
administrative
burden
on
the
housing
provider.
31
b.
Providing
the
accommodation
would
fundamentally
alter
the
32
nature
of
the
housing
provider’s
operations.
33
c.
The
specific
assistance
animal
in
question
poses
a
direct
34
threat
to
the
health
or
safety
of
others
that
cannot
be
reduced
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or
eliminated
by
another
reasonable
accommodation,
or
would
1
cause
substantial
physical
damage
to
the
property
of
others
2
that
cannot
be
reduced
or
eliminated
by
another
reasonable
3
accommodation.
4
d.
Providing
the
accommodation
is
not
otherwise
reasonable.
5
NEW
SUBSECTION
.
5.
A
person
who
knowingly
and
intentionally
6
mispresents
an
animal
as
an
assistance
animal
or
service
7
animal,
or
provides
to
a
housing
provider
material
information
8
regarding
a
claimed
assistance
animal
or
service
animal
that
is
9
false
is,
upon
conviction,
guilty
of
a
simple
misdemeanor.
10
Sec.
4.
Section
216.8C,
subsections
2,
3,
and
5,
Code
2022,
11
are
amended
to
read
as
follows:
12
2.
a.
A
licensee
under
chapter
148
,
148C
,
152
,
154B
,
154C
,
13
or
154D
shall
not
make
a
finding
under
subsection
1
unless
all
14
of
the
following
circumstances
are
present
and
such
written
15
finding
must
include
an
express
confirmation
by
the
licensee
16
that
such
circumstances
are
present
:
17
a.
(1)
The
licensee
has
met
with
the
patient
or
client
in
18
person
or
by
telemedicine
within
the
past
six
months
.
19
b.
(2)
The
licensee
has
a
bona
fide
provider-patient
20
relationship,
and
is
sufficiently
familiar
with
the
patient
or
21
client
and
the
disability.
22
c.
(3)
The
licensee
is
legally
and
professionally
qualified
23
to
make
the
finding.
24
(4)
The
licensee
maintains
a
physical
location
in
Iowa
where
25
patients
are
treated.
26
(5)
The
licensee
has
not
received
a
separate
or
additional
27
fee
or
other
form
of
compensation
solely
in
exchange
for
making
28
the
finding.
29
b.
If
a
written
finding
does
not
comply
with
the
30
requirements
of
this
subsection,
a
housing
provider
may
deny
31
the
request
for
an
assistance
animal
or
service
animal
unless
32
and
until
the
written
finding
complies
with
such
requirements.
33
3.
The
commission,
in
consultation
with
the
consumer
34
protection
division
of
the
office
of
the
attorney
general,
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shall
adopt
rules
regarding
the
making
of
a
written
finding
1
by
licensees
under
this
section
.
The
rules
shall
include
a
2
form
for
licensees
to
document
the
licensees’
written
finding.
3
The
form
shall
recite
this
section’s
requirements
and
comply
4
with
the
federal
Fair
Housing
Act,
42
U.S.C.
§3601
et
seq.,
as
5
amended,
and
section
504
of
the
federal
Rehabilitation
Act
of
6
1973,
29
U.S.C.
§794,
as
amended.
The
form
must
contain
only
7
two
questions
regarding
the
qualifications
of
the
patient
or
8
client,
which
shall
be
whether
a
person
has
a
disability
and
9
whether
the
need
for
an
assistance
animal
or
service
animal
is
10
related
to
the
disability.
The
form
must
indicate
that
the
11
responses
must
be
limited
to
“yes”
or
“no”.
The
form
must
not
12
allow
for
additional
detail.
The
form
must
also
set
forth
the
13
requirements
under
subsection
2
and
indicate
that
the
licensee
14
confirms
that
all
such
circumstances
are
present,
with
a
“yes”
15
or
“no”.
16
5.
A
landlord
housing
provider
may
deny
a
request
for
an
17
exception
to
a
pet
policy
or
other
requested
accommodation
18
related
to
a
service
animal
or
assistance
animal
if
a
19
person,
who
does
not
have
a
readily
apparent
disability,
or
20
a
disability
known
to
the
landlord
housing
provider
,
fails
21
to
provide
documentation
indicating
that
the
person
has
a
22
disability
and
the
person
has
a
disability-related
need
for
an
23
the
type
and
number
of
assistance
animal
animals
or
service
24
animal
animals
requested
by
the
person
.
25
Sec.
5.
Section
216.8C,
Code
2022,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
7.
A
written
finding
provided
by
a
licensee
28
under
this
section
is
effective
for
two
years
after
the
date
of
29
such
written
finding,
unless
otherwise
set
forth
in
the
written
30
finding.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
reasonable
housing
accommodations
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for
persons
with
assistance
animals
or
service
animals.
The
1
bill
replaces
the
term
“landlord”
with
“housing
provider”
in
2
Code
chapter
216.
The
bill
provides
that
a
housing
provider
3
make
accommodations
in
its
rules,
policies,
practices,
and
4
services
for
a
person
with
an
assistance
or
service
animal
that
5
needs
reasonable
accommodations
to
afford
the
person
equal
6
opportunity
to
use
and
enjoy
the
dwelling.
Under
current
law,
7
a
housing
provider
is
only
required
to
waive
lease
restrictions
8
and
additional
pet
payments
for
a
person
with
an
assistance
or
9
service
animal.
10
The
bill
provides
that
a
housing
provider
may
deny
an
11
accommodation
request
when
granting
the
request
would
impose
12
undue
financial
and
administrative
burden
on
the
housing
13
provider,
would
fundamentally
change
the
nature
of
the
housing
14
provider’s
operations,
the
specific
animal
in
question
poses
a
15
threat
to
health
or
safety
of
others
that
cannot
be
reduced
or
16
eliminated
or
would
cause
substantial
physical
damage
to
the
17
property,
or
an
accommodation
is
not
otherwise
reasonable.
18
The
bill
provides
that
a
person
who
misrepresents
an
animal
19
as
an
assistance
or
service
animal
or
provides
the
housing
20
provider
with
false
information
regarding
a
claimed
assistance
21
or
service
animal
commits
a
simple
misdemeanor.
A
simple
22
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
23
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
24
The
bill
provides
that
a
written
finding
that
an
assistance
25
animal
or
service
animal
is
a
reasonable
accommodation
26
in
housing
from
an
approved
licensee
must
include
express
27
confirmation
that
the
licensee
has
met
with
the
person
within
28
the
past
six
months,
the
pair
has
a
bona
fide
provider-patient
29
relationship,
the
licensee
has
a
physical
Iowa
location,
and
30
the
licensee
has
not
received
compensation
for
making
the
31
finding.
A
housing
provider
may
deny
a
request
for
a
service
32
animal
or
assistance
animal
accommodation
for
the
type
and
33
number
of
animals
requested
by
the
person
if
the
person
failed
34
to
provide
documentation
or
has
a
disability
that
is
not
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