SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2057
As Amended by Senate Committee of the Whole

Brief*
Senate Sub. for HB 2057, as amended, would enact the
Kansas Assistance Animals in Housing Act (Act).

Documentation
The bill would allow a housing provider, upon receiving a
request for exemption from the housing provider’s pet policy
for the purpose of housing an assistance animal, to require
the requestor provide reliable documentation of the disability-
related need for the animal.
The housing provider would be prohibited from requiring
documentation if the requestor’s need is readily apparent or
already known to the housing provider. The bill would allow a
housing provider to require documentation of need for each
animal, if the exemption request is for more than one
assistance animal.

Documentation Requirements
The bill would allow a housing provider to ask that
exemption requests be made on a standardized form, but not
deny a request solely because the standardized form was not
used, if the requestor would otherwise qualify for exemption.

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill would require any submitted documentation
demonstrating that a person has a disability requiring the use
of an assistance animal under the Fair Housing Act (42 USC
§ 3601 et seq.) or the Kansas Act Against Discrimination
(KSA 44-1001 et seq.):
● Be in writing;
● Be made by a person with whom the individual
requesting accommodation has a supportive
relationship; and
● Document the disability-related need for the
assistance animal.
The bill would allow a housing provider to require
additional supporting documentation if a requestor does not
satisfactorily demonstrate the need for the assistance animal
or existence of the supportive relationship described above.

Reasons for Denial
The bill would allow a housing provider to deny an
accommodation request made under the Act if:
● The accommodation imposes:
○ An undue financial and administrative burden
to the housing provider; or
○ A fundamental alteration to the nature of the
operations of the housing provider; or
● After conducting an individualized assessment,
there is reliable, objective evidence that the
assistance animal:
○ Poses a direct threat to the health and safety
of others that cannot be reduced or eliminated
by another reasonable accommodation;

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 ○ Causes substantial physical damage to the
property of others that cannot be reduced or
eliminated by another reasonable
accommodation; or
○ Has engaged in a pattern of uncontrolled
behavior that the requestor has not taken
effective action to correct.
The bill would allow a housing provider, in considering
the reasonableness of an accommodation request, to
consider the documented disability-related needs of other
residents on the property, although the housing provider
would be prohibited from denying an assistance animal solely
due to the disabilities of other residents. The bill would direct
the housing provider to attempt to balance the disability-
related needs of all residents.

Payment of Damages and Deposits
The bill would allow a housing provider to require
payment of repair costs due to damage caused by an
assistance animal under the Act. A housing provider would be
prohibited from charging a pet deposit or fee for an
assistance animal, even if such deposit or fee is required for
other pet owners. A housing provider would also be prohibited
from requiring special liability insurance for an assistance
animal.

Liability, Rights, and Verification
The bill would state that a housing provider shall not be
liable for injuries or damages caused by a person’s
assistance animal permitted on the housing provider’s
property as a reasonable accommodation under applicable
federal, state, or local law.


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 The bill would state that nothing in the Act shall be
construed to:
● Require documentation of a specific diagnosis of
disability or related need;
● Prohibit a housing provider from verifying the
authenticity of submitted documentation;
● Limit the rights of an individual under applicable
federal, state, or local laws; or
● Limit the liability of housing providers under such
laws.
Misrepresentation of Entitlement to an Assistance
Animal in Housing
The bill would create, in the Kansas Criminal Code, the
crime of misrepresentation of entitlement to an assistance
animal in housing, defined as:
● Misrepresenting to a housing provider that a
person has a disability or disability-related need for
an assistance animal in housing; or
● Making false statements for the purpose of
obtaining documentation for the use of an
assistance animal in housing.
An unlawful act under the bill would be:
● Upon first conviction, an unclassified nonperson
misdemeanor, punishable by a minimum fine of
$25 and maximum fine of $100;
● Upon a second conviction, a class C nonperson
misdemeanor; and

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 ● Upon a third or subsequent conviction, a class A
nonperson misdemeanor.
The bill also would allow a housing provider to
commence actions under current law to recover damages
and terminate rental agreements against a person who
misrepresents an entitlement to an assistance animal.

Definitions
The bill would define “assistance animal” to mean an
animal that works, provides assistance, or performs tasks for
the benefit of a person with a disability, or that provides
emotional support that alleviates one or more effects of a
person’s disability. The term “assistance animal” would not
include a pet.
The bill would define “housing provider” to mean any
owner, property management company, property manager,
government entity, condominium board, condominium
association, cooperative or related entity, and any agent or
employee thereof engaged in the selling, leasing,
management, control, or governance of residential housing.
The bill would also define “conviction,” “disability,”
“healthcare provider,” “reasonable accommodation,” and
“supportive relationship.”

Background
HB 2057, as introduced in the 2021 Session, concerned
authorization of an alcoholic liquor manufacturer to obtain a
drinking establishment license under certain conditions.
[Note: The provisions of 2021 HB 2057 were included in the
provisions of 2021 Senate Sub. for HB 2252, which was
added to 2021 HB 2137 in Conference Committee and was
signed by the Governor on May 19, 2021.]

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 The 2022 Senate Committee on Federal and State
Affairs removed the contents of HB 2057 as introduced,
inserted the contents of SB 360, and recommended a
substitute bill be passed.

SB 360 (Assistance Animals)
SB 360 was introduced by the Senate Committee on
Transparency and Ethics at the request of Senator
Thompson.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, representatives of the
Apartment Association of Kansas City, Curry Real Estate
Services, Cushman & Wakefield, the Kansas Manufactured
Housing Association, and Yarco Company provided
proponent testimony. The proponents indicated that the bill
would protect housing providers against potential
misrepresentation by animal owners, and would benefit
individuals with disabilities who actually need assistance
animal accommodations.
Written-only proponent testimony was provided by
Senator Thompson and representatives of the Apartment
Association of Kansas City, the Kansas Association of
Realtors, the National Apartment Association, and Worcester
Communities.
No other testimony was provided.

Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
remove references to an individual’s disability and instead
specify only the disability-related needs of individuals may be
considered.

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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 360 as introduced, the Kansas Human
Rights Commission indicates enactment of the bill would not
cause the agency to incur additional expenses because the
agency already accepts housing disability discrimination
complaints involving the denial or restricted use of assistance
animals. The agency further indicated that revenue from fines
due to enactment of the bill cannot be estimated.
The Office of Judicial Administration (Office) indicates
enactment of the bill could increase the number of cases filed
in district court because it would create a new crime under
the Act, which could result in more time spent by court
employees and judges processing and deciding these cases.
The Office estimates enactment of the bill could result in the
collection of docket fees and fines assessed in those cases
filed under the bill’s provisions. According to the Office, a
fiscal effect cannot be estimated.
Any fiscal effect associated with the enactment of the bill
is not reflected in The FY 2023 Governor’s Budget Report.


Kansas Assistance in Housing Act; assistance animal; housing provider; reasonable
accommodation; misrepresentation of entitlement; crimes


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Statutes affected:
As introduced: 41-2623, 41-2642, 41-2632