HB 2068 — landlord tenant; assistance animals

HouseSenate Engrossed House Bill landlord tenant;

assistance animals State(now: of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2068 AN ACT AMENDING TITLE 33, CHAPTER 10, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 33-1320;

RELATINGassistance TOanimals; THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT.

landlord tenant) State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session CHAPTER 191 HOUSE BILL 2068 AN ACT AMENDING SECTION 41-1491, ARIZONA REVISED STATUTES;

AMENDING TITLE 41, CHAPTER 9, ARTICLE 7, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1497.38;

RELATING TO LANDLORD LIABILITY.

TitleSection 33,41-1491, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1320, to read:

33-1320.41-1491.

AssistanceDefinitions animals;In this article, unless the context otherwise requires:

reasonable accommodation;

reliable documentation;

definitions A.

UNLESS OTHERWISE PROHIBITED BY FEDERAL LAW, RULE OR REGULATION, IF A TENANT REQUESTS AN ACCOMMODATION RELATED TO AN ASSISTANCE ANIMAL, A LANDLORD MAY DO ANY OF THE FOLLOWING:

REQUIRE"Aggrieved THEperson" PERSONincludes WHOany REQUESTSperson THEwho ACCOMMODATIONeither: TO PROVIDE RELIABLE DOCUMENTATION OF THE DISABILITY AND THE DISABILITY-RELATED NEED FOR AN ASSISTANCE ANIMAL AS PRESCRIBED BY SUBSECTION B OF THIS SECTION ONLY IF THE DISABILITY OR THE DISABILITY-RELATED NEED EITHER IS NOT READILY APPARENT OR IS NOT KNOWN TO THE LANDLORD.

(a) Claims to have been injured by a discriminatory housing practice.

(b) Believes that he THE PERSON will be injured by a discriminatory housing practice that is about to occur.

REQUEST"ASSISTANCE THATANIMAL" THEMEANS PERSONA SUBMITTRAINED INFORMATIONOR ONUNTRAINED AANIMAL STANDARDIZEDTHAT FORMWORKS, IFPROVIDES THEASSISTANCE, INFORMATIONPERFORMS REQUESTEDTASKS COMPLIESOR WITHPROVIDES SUBSECTIONTHERAPEUTIC BOR EMOTIONAL SUPPORT FOR THE BENEFIT OF THISA SECTION.PERSON WITH A DISABILITY.

FAILURE2. TO USE THE STANDARDIZED FORM DOES NOT CONSTITUTE GROUNDS FOR DENIAL IF THE INFORMATION PROVIDED TO THE LANDLORD COMPLIES WITH SUBSECTION B OF THIS SECTION.

REQUIRE"Complainant" RELIABLEmeans DOCUMENTATIONa ASperson, PRESCRIBEDincluding BYthe SUBSECTIONattorney Bgeneral, OFwho THISfiles SECTIONa FORcomplaint EACHunder ASSISTANCEsection ANIMAL41-1491.22. IF THERE IS MORE THAN ONE.

3.

DENY"Conciliation" ORmeans RESCINDthe ANattempted ACCOMMODATIONresolution FORof ANissues ASSISTANCEraised ANIMALby IF:a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general.

(a)4. THE REQUESTED ACCOMMODATION IMPOSES AN UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN ON THE LANDLORD OR FUNDAMENTALLY ALTERS THE NATURE OF THE LANDLORD'S OPERATIONS OR THE SERVICES OFFERED.

(b)5. RELIABLE EVIDENCE DEMONSTRATES THAT THE ASSISTANCE ANIMAL:

(i)"Conciliation POSESagreement" Ameans DIRECTa THREATwritten TOagreement THEsetting HEALTHforth ORthe SAFETYresolution OFof OTHERSthe THATissues CANNOTin BEconciliation. MITIGATED BY ANY OTHER REASONABLE ACCOMMODATION.

(ii)5. MAY CAUSE SUBSTANTIAL PHYSICAL DAMAGE TO THE PREMISES OR THE PROPERTY OF OTHER TENANTS THAT CANNOT BE MITIGATED BY ANY OTHER REASONABLE ACCOMMODATION.

(iii)6. EXHIBITS UNCONTROLLED BEHAVIOR THAT THE TENANT HAS FAILED TO ADEQUATELY ADDRESS.

B."Disability" means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment.

ADisability PERSONdoes REQUESTINGnot ANinclude ACCOMMODATIONcurrent SHALLillegal SUBMITuse RELIABLEof DOCUMENTATIONor ESTABLISHINGaddiction THATto THEany PERSONdrug HASor Aillegal DISABILITYor ANDfederally REQUIREScontrolled THEsubstance. USE OF AN ASSISTANCE ANIMAL AS A REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACT (P.L.

90-284;Disability shall be defined and construed as the term is defined and construed by the Americans with disabilities act of 1990 (P.L.

82101-336) STAT.and the ADA amendments act of 2008 (P.L.

81;110-325;

42122 UNITEDStat. STATES CODE SECTIONS 3601 THROUGH 3619) OR TITLE 41, CHAPTER 9, ARTICLE 7.

THE3553). RELIABLE DOCUMENTATION SHALL BE IN WRITING AND SHALL DESCRIBE THE REQUESTING PERSON'S DISABILITY-RELATED NEED FOR THE ASSISTANCE ANIMAL.

C.6.

NOTWITHSTANDING7. ANY OTHER LAW, A LANDLORD IS NOT LIABLE FOR INJURIES CAUSED BY AN ASSISTANCE ANIMAL THAT IS ALLOWED AS A REASONABLE ACCOMMODATION ON THE LANDLORD'S PROPERTY OR WITHIN PROPERTY CONTROLLED BY THE LANDLORD.

"Discriminatory housing practice" means an act prohibited by sections 41-1491.14 through 41-1491.21.

7.

8.

"Dwelling" means either:

(a) Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families.