Bill > SB149

This bill revises Montana's laws regarding emotional support animals (ESAs) in housing, establishing more specific requirements for documentation and landlord interactions. The bill mandates that when a tenant with a disability requests an ESA accommodation, the supporting documentation must include information from a health care practitioner who has personally evaluated the tenant, including their license details and the specific emotional support provided by the animal. Landlords can now require more robust verification of an animal's necessity, but cannot request detailed medical records or diagnoses. The bill clarifies that generic ESA registrations or online certificates are not sufficient proof, and that health care practitioners must have an established client relationship and complete a clinical evaluation at least 30 days prior to providing documentation. Importantly, landlords can still deny ESA requests if the animal poses safety or property damage risks, and tenants remain liable for any damages caused by their support animal. The bill also explicitly defines a "health care practitioner" as a licensed mental health professional with specific qualifications, and emphasizes that these provisions do not override existing federal fair housing and disability access laws. The changes aim to provide clearer guidelines for both tenants and landlords when dealing with emotional support animals in residential settings.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC2003