Bill Text: IA SF2268 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to assistance animals and service animals, including reasonable accommodations for housing and requirements for findings of disabilities. Effective date: 07/01/2024.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-05-01 - Signed by Governor. S.J. 962. [SF2268 Detail]
Download: Iowa-2023-SF2268-Enrolled.html
Senate
File
2268
-
Enrolled
Senate
File
2268
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:
Section
1.
Section
216.8B,
Code
2024,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
216.8B
Assistance
animals
and
service
animals
in
housing.
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
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.
Senate
File
2268,
p.
2
3.
If
a
person’s
disability
or
disability-related
need
for
an
assistance
animal
is
not
readily
apparent,
the
landlord
may
request
supporting
information
that
reasonably
supports
the
person’s
need
for
the
particular
assistance
animal
being
requested.
Supporting
information
may
include
documentation
identified
in
section
216.8C,
subsection
1.
4.
An
assistance
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,
the
landlord
may
request
information
for
each
assistance
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
Senate
File
2268,
p.
3
others
that
cannot
be
reduced
or
eliminated
by
a
reasonable
accommodation.
(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.
7.
A
tenant
with
a
disability
and
a
disability-related
need
for
an
assistance
animal
shall,
upon
receipt
of
a
request
for
documentation
for
an
accommodation
for
an
assistance
animal
consistent
with
this
section,
provide
that
landlord
with
the
documentation
requested
for
a
determination
on
the
accommodation
request.
8.
A
tenant
with
a
disability
and
a
disability-related
need
for
an
assistance
animal
or
service
animal
shall
be
liable
for
any
damage
done
by
the
tenant’s
assistance
animal
or
service
animal
to
the
leased
premises,
the
landlord’s
property,
or
any
other
person’s
property,
or
to
another
person
on
the
leased
premises,
the
landlord’s
property,
or
any
other
person’s
property,
as
well
as
any
applicable
remedies
available
pursuant
to
chapter
562A
or
chapter
562B.
9.
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.
10.
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
in
housing.
Senate
File
2268,
p.
4
1.
Upon
a
request
for
documentation
pursuant
to
section
216.8B,
subsection
3,
a
licensee
under
chapter
148,
148C,
152,
154B,
154C,
or
154D,
or
a
licensee
of
another
state
who
is
licensed
under
a
similar
law
and
who
is
in
good
standing
with
that
state,
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.
c.
The
particular
assistance
provided
by
the
assistance
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.
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
with
a
disability
may
demonstrate,
pursuant
to
state
or
federal
Senate
File
2268,
p.
5
law,
that
the
person
has
a
disability
or
that
the
person
has
a
disability-related
need
for
an
assistance
animal.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2268,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
