An Act to amend documentation requirements for emotional support animals in a rental dwelling unit.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 43-32-33 be AMENDED:
43-32-33.
For the purposes
of 43-32-34
to 43-32-36,
inclusive, the term, service animal, refers to any animal that serves
a role for an individual with a disability as an
emotional support animal,
any therapy animal,
or any assistance animal,;
and the term, disability, is a physical or mental impairment that
substantially limits one or more major life activities of a person.
For the purposes of 43-32-34 to 43-32-36, inclusive, the term, emotional support animal, refers to any animal that serves a role of providing comfort to an individual with a disability in a manner that is necessary for the health of an individual.
Section 2. That 43-32-34 be AMENDED:
43-32-34.
A landlord may
require reliable supporting documentation be provided by a tenant of
a rental dwelling unit, if the tenant asserts a disability requiring
under any provision of law that a service animal or
assistanceemotional
support animal
be allowed as an accommodation on the rented premises. A landlord may
not require supporting documentation from a tenant if the tenant's
disability or disability-related need for a service animal or
assistanceemotional
support animal
is readily apparent or already known to the landlord.
Section 3. That 43-32-35 be AMENDED:
43-32-35.
The supporting
documentation
shall
must confirm
the tenant's disability and the relationship between the tenant's
disability and the need for the requested accommodation. The
documentation
shall
must originate
from a
licensed
health care provider licensed
in this state who
does not operate in this state solely to provide certification for
service or assistance animals.
Supporting documentation received from an online source for an
emotional support animal does not meet the requirements of this
section.
Section 4. That 43-32-36 be AMENDED:
43-32-36.
If a persontenant
is found to have knowingly made a false claim of having a disability
that requires the use of a service animal or assistanceemotional
support animal,
or of knowingly providing fraudulent supporting documentation in
connection with
such a
the claim, a
lessorlandlord
may evict a lesseetenant.
and
the lessorThe
landlord is
entitled to a damage fee, not to exceed one thousand dollars, from a
lesseetenant,
if the lesseetenant
provides fraudulent disability documentation indicating a disability
requiring the use of a service animal or assistanceemotional
support animal.