Bill Text: IA HF2068 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to service animals and assistance animals in rented housing and providing penalties.(See HF 2486.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-15 - Committee report approving bill, renumbered as HF 2486. [HF2068 Detail]
Download: Iowa-2021-HF2068-Introduced.html
House
File
2068
-
Introduced
HOUSE
FILE
2068
BY
SALMON
A
BILL
FOR
An
Act
relating
to
service
animals
and
assistance
animals
in
1
rented
housing
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5134YH
(4)
89
cm/jh
H.F.
2068
Section
1.
Section
216.8B,
Code
2022,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5.
A
person
who
knowingly
and
willfully
3
misrepresents,
through
conduct,
verbal
notice,
or
written
4
notice,
as
using
and
being
qualified
to
use
a
service
animal
or
5
an
assistance
animal
to
obtain
a
benefit
under
this
section
is,
6
upon
conviction,
guilty
of
a
simple
misdemeanor.
7
Sec.
2.
Section
216.8C,
subsections
1
and
5,
Code
2022,
are
8
amended
to
read
as
follows:
9
1.
A
licensee
under
chapter
148
,
148C
,
152
,
154B
,
154C
,
10
or
154D
whose
assistance
is
requested
by
a
patient
or
client
11
seeking
a
finding
that
an
assistance
animal
or
service
animal
12
as
defined
in
section
216.8B,
subsection
1
,
is
a
reasonable
13
accommodation
in
housing
shall
make
a
written
finding
regarding
14
whether
the
patient
or
client
has
a
disability
and,
if
a
15
disability
is
found,
a
separate
written
finding
regarding
16
whether
the
need
for
an
assistance
animal
or
service
animal
is
17
related
to
the
disability.
18
5.
A
landlord
may
request
information
necessary
to
verify
19
and
may
deny
a
request
for
an
exception
to
a
pet
policy
if
for
20
any
of
the
following
reasons:
21
a.
If
the
assistance
animal
or
service
animal
poses
a
direct
22
threat
to
the
safety
or
health
of
others
or
poses
a
direct
23
threat
of
physical
damage
to
the
property
of
others,
which
24
threat
cannot
be
reduced
or
eliminated
by
another
reasonable
25
accommodation.
26
b.
If
a
person,
who
does
not
have
a
readily
apparent
27
disability,
or
a
disability
known
to
the
landlord,
fails
28
to
provide
documentation
indicating
that
the
person
has
a
29
disability
and
the
person
has
a
disability-related
need
for
an
30
each
assistance
animal
or
service
animal
requested
to
be
kept
.
31
c.
If
the
person
does
not
provide
proof
of
compliance
with
32
state
and
local
requirements
for
licensing
and
vaccinating
each
33
assistance
animal
or
service
animal.
34
Sec.
3.
Section
216.8C,
Code
2022,
is
amended
by
adding
the
35
-1-
LSB
5134YH
(4)
89
cm/jh
1/
3
H.F.
2068
following
new
subsections:
1
NEW
SUBSECTION
.
6.
An
assistance
animal
or
service
2
animal
registration
of
any
kind,
including
but
not
limited
3
to
an
identification
card,
patch,
certificate,
or
similar
4
registration
obtained
from
the
internet
is
not,
by
itself,
5
sufficient
information
to
establish
that
a
person
has
a
6
disability
or
a
disability-related
need
for
an
assistance
7
animal
or
service
animal.
8
NEW
SUBSECTION
.
7.
For
purposes
of
this
section,
9
“assistance
animal”
and
“service
animal”
mean
the
same
as
10
defined
in
section
216.8B,
13
subsection
1.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
service
animals
and
assistance
animals
15
in
rented
housing.
16
The
bill
provides
that
a
person
who
knowingly
and
willfully
17
misrepresents
as
using
and
being
qualified
to
use
a
service
18
animal
or
an
assistance
animal
to
obtain
the
waiver
of
lease
19
restrictions
or
additional
payments
normally
required
for
20
the
keeping
of
pets
is
guilty,
upon
conviction,
of
a
simple
21
misdemeanor.
A
person
convicted
of
a
simple
misdemeanor
may
be
22
fined
a
minimum
of
$105
and
a
maximum
of
$855.
The
court
may
23
order
imprisonment
not
to
exceed
30
days
in
lieu
of
a
fine
or
24
in
addition
to
a
fine.
25
The
bill
allows
a
landlord
to
prohibit
a
service
animal
26
or
assistance
animal
if
the
animal
poses
a
direct
threat
to
27
the
safety,
health,
or
property
of
others
and
to
request
28
written
documentation
that
reasonably
supports
that
the
person
29
has
a
disability.
If
a
person
requests
to
keep
more
than
30
one
assistance
or
service
animal,
the
landlord
may
request
31
information
regarding
the
specific
need
for
each
animal
and
may
32
require
proof
of
licensing
and
vaccination
requirements
for
33
each
animal.
Current
law
provides
that
a
landlord
may
deny
34
a
request
for
an
exception
to
a
pet
policy
if
a
person,
who
35
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5134YH
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89
cm/jh
2/
3
H.F.
2068
does
not
have
a
readily
apparent
disability,
or
a
disability
1
known
to
the
landlord,
fails
to
provide
documentation
2
indicating
that
the
person
has
a
disability
and
the
person
has
3
a
disability-related
need
for
an
assistance
animal
or
service
4
animal.
5
-3-
LSB
5134YH
(4)
89
cm/jh
3/
3