Changes to Existing Law

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.

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.

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 24 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.

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. 12