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.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.8B, Code 2024, is amended by striking
2 the section and inserting in lieu thereof the following:
3 216.8B Assistance animals and service animals in housing.
4 1. For purposes of this section, unless the context
5 otherwise requires:
6 a. “Assistance animal” means an animal that qualifies as a
7 reasonable accommodation under the federal Fair Housing Act, 42
8 U.S.C. §3601 et seq., as amended, or section 504 of the federal
9 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended.
10 b. “Service animal” means a dog or miniature horse as set
11 forth in the implementing regulations of Tit. II and Tit. III
12 of the federal Americans with Disabilities Act of 1990, 42
13 U.S.C. §12101 et seq.
14 2. A person with a disability and a disability-related need
15 for an assistance animal or service animal may request from a
16 landlord to keep an assistance animal or service animal as a
17 reasonable accommodation in housing. Following a request for
18 accommodation, the landlord shall evaluate and respond to the
19 request within a reasonable amount of time.
Senate File 2268, p. 2
20 3. If a person’s disability or disability-related need for
21 an assistance animal is not readily apparent, the landlord
22 may request supporting information that reasonably supports
23 the person’s need for the particular assistance animal being
24 requested. Supporting information may include documentation
25 identified in section 216.8C, subsection 1.
26 4. An assistance animal or service animal registration
27 of any kind, including but not limited to an identification
28 card, patch, certificate, or similar registration obtained
29 electronically or in person, is not sufficient information
30 to reliably establish that the person has a disability or
31 disability-related need for an assistance animal or service
32 animal.
33 5. If a person requests to keep more than one assistance
34 animal, the landlord may request information for each
35 assistance animal pursuant to section 216.8C, subsection 1.
1 6. Unless otherwise prohibited by state or federal law,
2 rule, or regulation, a landlord:
3 a. Shall not request information under this section that
4 discloses a diagnosis or severity of a person’s disability or
5 any medical records relating to the disability, but a person
6 with a disability or legal guardian may voluntarily disclose
7 such information or medical records to the landlord at the
8 person with the disability or legal guardian’s discretion.
9 b. Shall make reasonable accommodations in the landlord’s
10 rules, policies, practices, and services normally required
11 for pets, for the assistance animal or service animal of a
12 person with a disability when the accommodations are necessary
13 to afford the person equal opportunity to use and enjoy a
14 dwelling.
15 c. May deny a request for an accommodation for an assistance
16 animal or service animal if any of the following are true:
17 (1) Providing the accommodation would impose an undue
18 financial and administrative hardship on the landlord.
19 (2) Providing the accommodation would fundamentally alter
20 the nature of the landlord’s operations.
21 (3) The assistance animal or service animal would do any of
22 the following:
23 (a) Pose a direct threat to the safety or health of
Senate File 2268, p. 3
24 others that cannot be reduced or eliminated by a reasonable
25 accommodation.
26 (b) Cause substantial physical damage to the property of
27 others that cannot be reduced or eliminated by a reasonable
28 accommodation.
29 (4) Providing the accommodation is not otherwise
30 reasonable.
31 d. May require proof of compliance with state and local
32 licensure and vaccination requirements for each assistance
33 animal or service animal.
34 e. Shall provide a written determination regarding the
35 person’s request for an assistance animal.
1 7. A tenant with a disability and a disability-related
2 need for an assistance animal shall, upon receipt of a request
3 for documentation for an accommodation for an assistance
4 animal consistent with this section, provide that landlord
5 with the documentation requested for a determination on the
6 accommodation request.
7 8. A tenant with a disability and a disability-related need
8 for an assistance animal or service animal shall be liable for
9 any damage done by the tenant’s assistance animal or service
10 animal to the leased premises, the landlord’s property, or any
11 other person’s property, or to another person on the leased
12 premises, the landlord’s property, or any other person’s
13 property, as well as any applicable remedies available pursuant
14 to chapter 562A or chapter 562B.
15 9. This section does not limit the means by which a person
16 with a disability may demonstrate, pursuant to state or federal
17 law, that the person has a disability or that the person has
18 a disability-related need for an assistance animal or service
19 animal.
20 10. This section shall not be construed to restrict existing
21 federal law related to a person’s right to a reasonable
22 accommodation and equal access to housing, including but not
23 limited to the federal Fair Housing Act.
24 Sec. 2. Section 216.8C, Code 2024, is amended by striking
25 the section and inserting in lieu thereof the following:
26 216.8C Finding of disability and need for an assistance
27 animal in housing.
Senate File 2268, p. 4
28 1. Upon a request for documentation pursuant to section
29 216.8B, subsection 3, a licensee under chapter 148, 148C, 152,
30 154B, 154C, or 154D, or a licensee of another state who is
31 licensed under a similar law and who is in good standing with
32 that state, shall make a written finding that includes all of
33 the following:
34 a. Whether the patient or client has a disability.
35 b. Whether the patient has a disability-related need for an
1 assistance animal.
2 c. The particular assistance provided by the assistance
3 animal, if any.
4 d. Certification whether the provider-patient relationship
5 has existed, in person or telehealth, for at least thirty days
6 between the licensee and the patient or client.
7 e. Certification whether the licensee is familiar with
8 the person and the disability prior to providing the written
9 finding.
10 f. The date the finding was issued by the licensee and the
11 date the finding will expire.
12 g. The license number and type of license held by the
13 licensee.
14 h. Whether the licensee received a separate or additional
15 fee or other form of compensation solely in exchange for making
16 the written finding required under this section.
17 2. The written finding must be made within twelve months of
18 the start of a rental agreement and is valid for a period of
19 twelve months or the term of the rental agreement, whichever
20 is greater.
21 3. A licensee under chapter 148, 148C, 152, 154B, 154C, or
22 154D may be subject to disciplinary action from the licensee’s
23 licensing board for a violation of this section.
24 4. The commission shall create a form in compliance
25 with this section and provide the form to the public on the
26 commission’s website.
27 5. The commission shall offer training and consultation to
28 the governing boards under chapter 148, 148C, 152, 154B, 154C,
29 or 154D.
30 6. This section does not limit the means by which a person
31 with a disability may demonstrate, pursuant to state or federal
Senate File 2268, p. 5
32 law, that the person has a disability or that the person has a
33 disability-related need for an assistance animal.
______________________________ ______________________________
AMY SINCLAIR PAT GRASSLEY
President of the Senate 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
Statutes affected: Introduced: 216.8B, 216.8C
Reprinted: 216.8B, 216.8C
Enrolled: 216.8B, 216.8C