§ 12-240-144 — Licensee duties relating to assistance animals - definitions

(1)
A licensee who is approached by a patient seeking an assistance animal as a
reasonable accommodation in housing shall either:

(a) Make a written finding regarding whether the patient has a disability and,
if a disability is found, a separate written finding regarding whether the need for the
animal is related to that disability; or

(b) Make a written finding that there is insufficient information available to
make a finding regarding disability or the disability-related need for the animal.

(2) This section does not:

(a) Change any laws or procedures related to a service animal under Title II
and Title III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec.
12101 et seq., as amended;

(b) Affect in any way the right of pet ownership in public housing established
in 42 U.S.C. sec. 1437z-3, as amended; or

(c) Limit the means by which a person with a disability may demonstrate,
pursuant to state or federal law, that the person has a disability or that the person
has a disability-related need for an assistance animal.

(3) A licensee shall not make a determination related to subsection (1) of this
section unless the licensee:

(a) Has met with the patient in person or by telemedicine;

(b) Is sufficiently familiar with the patient and the disability; and

(c) Is legally and professionally qualified to make the determination.

(4) For purposes of this section:

(a) Assistance animal means an animal that qualifies as a reasonable
accommodation under the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as
amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec.
794, as amended.

(b) Disability has the same meaning as set forth in the federal Americans
with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related
amendments and implementing regulations and includes a handicap as that term is
defined in the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as amended,
and 24 CFR 100.201.

(c) Service animal has the same meaning as set forth in the implementing
regulations of Title II and Title III of the federal Americans with Disabilities Act of
1990, 42 U.S.C. sec. 12101 et seq., as amended.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1220, � 1, effective October 1.