PREFILED JAN 08 2025
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REFERENCE TITLE: landlord tenant; assistance animals |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2068 |
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Introduced by Representative Kupper
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AN ACT
amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1320; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1320, to read:
33-1320. Assistance animals; 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:
1. REQUIRE the person who requests the ACCOMMODATION 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.
2. REQUEST THAT THE person SUBMIT information on a STANDARDIZED FORM if the information requested complies with subsection B of this section. Failure 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.
3. Require reliable documentation as prescribed by subsection b of this section for each assistance animal if there is more than one.
4. Deny or rescind an accommodation for an assistance animal if:
(a) 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) ReliaBLE EVIDENCE DEMONSTRATES THAT THE ASSISTANCE ANIMAL:
(i) POSES A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHERS THAT CANNOT BE MITIGATED BY ANY OTHER REASONABLE ACCOMMODATION.
(ii) MAY CAUSE SUBSTANTIAL PHYSICAL DAMAGE TO THE PRemises OR the PROPERTY OF OTHER TENANTS THAT CANNOT BE MITIGATED BY ANY OTHER REASONABLE ACCOMMODATION.
(iii) EXHIBITS UNCONTROLLED BEHAVIOR THAT THE TENANT HAS FAILED TO ADEQUATELY ADDRESS.
B. A person requesting an ACCOMMODATION shall submit RELIABLE DOCUMENTATION ESTABLISHING that the PERSON HAS A DISABILITY AND REQUIRES THE USE OF AN ASSISTANCE ANIMAL AS a REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACT (P.L. 90-284; 82 Stat. 81; 42 United States Code sections 3601 through 3619) OR title 41, chapter 9, article 7. The reliable documentation SHALL BE IN WRITING AND shall DESCRIBE THE REQUESTING Person'S DISABILITY-RELATED NEED FOR THE ASSISTANCE ANIMAL.
C. NOTWITHSTANDING 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.
D. FOR THE PURPOSES OF THIS SECTION:
1. "ASSISTANCE ANIMAL":
(a) MEANS AN ANIMAL, OTHER THAN A SERVICE ANIMAL, THAT QUALIFIES AS A REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACT (P.l. 90-284; 82 Stat. 81; 42 United States code sections 3601 through 3619) or SECTION 504 OF THE REHABILITATION ACT OF 1973 (P.L. 93-112; 87 Stat. 355; 29 United states code section 794).
(b) INCLUDES AN EMOTIONAL SUPPORT ANIMAL if THE ANIMAL QUALIFIES AS A REASONABLE ACCOMMODATION.
2. "DISABILITY" HAS THE same MEANING PRESCRIBED IN SECTION 41-1492.
3. "REASONABLE ACCOMMODATION" MEANS ANY CHANGE, WAIVER OR EXCEPTION TO HOUSING POLICIES AS DEFINED UNDER THE FAIR HOUSING ACT and that is MADE TO ACCOMMODATE THE DISABILITY-RELATED NEEDS OF A tenant.