[NAGDU] Housing bill pertaining to Service animals

Wed Feb 21 01:25:36 UTC 2024

Hi Al and List:
Our legislative committee here in Iowa got the following RTF version of this bill. I'm attaching it in case it's easier for others to read. Our understanding it it's already passed through the Senate and is on its way to the house. Please reach out to me or Cindy if there are any questions. Thanks for helping with the discussion!

Scott Van Gorp, President
National Federation of the Blind of Iowa
Phone: 515-720-5282
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The National Federation of the Blind of Iowa is a community of members and friends who believe in the hopes and dreams of the nation’s blind. Every day we work together to help blind people live the lives they want.

-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Al Elia via NAGDU
Sent: Tuesday, February 20, 2024 1:25 PM
To: Melissa Allman <MAllman at seeingeye.org>
Cc: Al Elia <al.elia at aol.com>; NAGDU Mailing List, the National Association of Guide Dog Users <nagdu at nfbnet.org>
Subject: Re: [NAGDU] Housing bill pertaining to Service animals

Everyone – here is the text of the bill, available [here](https://legiscan.com/IA/text/SF2268/id/2933716/Iowa-2023-SF2268-Amended.html). 
Its very stupidly formatted, so I’ve cleaned it up and pasted it below as well for everyone’s convenience.

  Note that it imposes requirements on physicians and social workers who write the letters stating a rennter’s need for an ESA or service animal to prevent fraud. Note that it also only allows landlords to request supporting info from a renter if their “disability or disability-related need for an assistance animal or service animal is not readily apparent,” which under federal regulations is not the case for a blind person using a guide dog.

Cindy is correct that The bill does let a landlord refuse to rent if the service animal would “Cause substantial physical damage to the property of others that cannot be reduced or eliminated by a reasonable accommodation.” However, I struggle to understand where that would apply other pthan possibly where someone uses a miniature horse and insists on their horse’s use of metal horseshoes in a dwelling with antique wood flloring or something.

I encourage everyone to actually  read this bill before proposing any further action or comments.

/Æ

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

On 19 Feb 2024, at 13:05, Melissa Allman wrote:

> HI all. Landlords can indeed charge for damage done by a service 
> animal that is beyond normal wear and tear if they have a policy or 
> practice of charging for damages in general, which I think all do. The 
> Federal Fair Housing Guidelines make it clear that documentation is 
> not to be required to prove the dog is a service animal if the 
> disability is known or obvious, like when a guide dog is observed 
> guiding a blind person. Where the dog is a task-trained service animal 
> covered by the ADA, the least restrictive standard applies. This bill 
> is indeed misguided and overreaching and I'm glad Iowans with guide 
> dogs plan to reach out to legislators.
>
> -----Original Message-----
> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Cindy Ray via 
> NAGDU
> Sent: Monday, February 19, 2024 12:22 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users 
> <nagdu at nfbnet.org>
> Cc: Cindy Ray <cindyray at gmail.com>
> Subject: Re: [NAGDU] Housing bill pertaining to Service animals
>
> In housing I think esa’s are allowed, but even so, the handler is 
> required to pay for damage their dog created. It just came up( and I 
> don’t think dog handlers in the state seem too excited about it. Our 
> legislative committee is.
> Cindy Lou Ray
> Sent from my iPhone
> cindyray at gmail.com
>
>> On Feb 19, 2024, at 10:48 AM, Tracy Carcione via NAGDU 
>> <nagdu at nfbnet.org> wrote:
>>
>> Cindy, that sounds weird.  What kind of damage would a service 
>> animal do that would cost a lot?  My labrador ate my wall?  Sounds 
>> like an excuse for an excuse.  Are guide dog users doing any 
>> organizing against it?
>> Tracy
>>
>>
>> -----Original Message-----
>> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Cindy Ray via 
>> NAGDU
>> Sent: Monday, February 19, 2024 10:39 AM
>> To: nagdu at nfbnet.org
>> Cc: Cindy Ray <cindyray at gmail.com>; NAGDU <board at nagdu.org>
>> Subject: [NAGDU] Housing bill pertaining to Service animals
>>
>> The Iowa Senate is debating a bill pertaining to the right of 
>> landlords to refuse accommodation to people with service animals if 
>> it would cost too much to pay for any property damage. A person would 
>> basically have to have a prescription from a doctor, and they would 
>> have to be authorized annually.
>> They say this is in line with Federal law. Really!
>> Cindy Lou Ray
>> Sent from my iPhone
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