Changes to Existing Law

Service animal and disability defined. 43-32-33. For the purposes of Terms used in §§ 43-32-34 to 43-32-36, inclusive, the term, service animal, refers to to, mean: (1) "Assistance animal," any animal that serves a role for an individual with a disability as an emotional support animal, any any, service, or therapy animal, or any assistance animal, and the term, disability, is in a manner that is necessary for the health of an individual; and (2) "Disability," a physical or mental impairment that substantially limits one or more major life activities of a person. person an individual. 12

43-32-34. A Except as otherwise provided in this section, a landlord may require a tenant of the landlord's rental dwelling unit to provide reliable supporting documentation be provided by a tenant of a rental dwelling unit, if the tenant asserts a disability requiring requiring, under any provision of law law, that a service animal or an assistance animal be allowed as an accommodation on the rented premises. A The landlord may not require supporting documentation from a the tenant if the tenant's disability or disability-related need for a service animal or an assistance animal is readily apparent or already known to the landlord. The landlord is not required to grant a reasonable accommodation for an assistance animal if: (1) The rental dwelling unit is in an owner-occupied building with four or fewer units; (2) The rental dwelling unit is a single-family home, which the owner is attempting to sell or rent, without the assistance of a real estate agent or broker, provided the owner does not own more than three single-family homes; or (3) The specific animal poses a direct threat to the health or safety of other individuals or would cause substantial physical damage to the property of others, which may not be eliminated or reduced by reasonable modifications, based on an individualized assessment of the animal's actual conduct and not on assumptions about the animal's breed, size, or type. 8

Service animal documentation requirements. 43-32-35. The Reliable supporting documentation shall provided by a tenant pursuant to § 43-32-34: (1) Must confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation. The documentation shall shall; (2) Must be issued no more than one year before the date of the request for accommodation, unless the disability or disability-related need is readily apparent, permanent, or ongoing; (3) Must originate from a licensed health care provider who does not operate in this state solely to provide certification for service or assistance animals. animals: (a) Is acting within the scope of the provider's licensure; (b) Has personal knowledge of the tenant through a professional provider-21 patient relationship; (c) Conducted an individualized assessment of the tenant; and (d) Is familiar with the tenant's disability and functional limitations; (4) Must be on the provider's official letterhead, containing the provider's contact information and medical license number; and (5) May be obtained through online or telehealth services, provided that the documentation is issued only after final review and a written attestation by the provider that the documentation reflects an individualized determination of the tenant's disability-related need for the requested accommodation. A landlord may verify the authenticity of supporting documentation by confirming 31 the provider's licensure and that the documentation was issued specifically for the tenant. 32

33 43-32-36. If a person tenant is found to have knowingly made a false claim of having a disability that requires the use of a service animal or an assistance animal animal, or of knowingly providing fraudulent supporting documentation in connection with such a the claim, a lessor the landlord may evict a lessee and the lessor the tenant. The landlord is entitled to a damage fee, not to exceed exceeding one thousand dollars, from a lessee the tenant if the lessee tenant provides fraudulent disability documentation indicating a disability requiring the use of a service animal or an assistance animal. 7