Bill > HB1045

This bill aims to clarify and strengthen housing protections for individuals with disabilities by codifying existing federal guidance that was recently rescinded, thereby reducing confusion and potential litigation. It defines "assistance animal" broadly to include emotional support animals and service animals, and "emotional support animal" as one that provides solely emotional support to alleviate a disability symptom. The bill also defines "reasonable accommodation" as necessary adjustments to housing rules, policies, or practices to ensure equal opportunity for individuals with disabilities. Crucially, it establishes that the mere presence of an assistance animal is not inherently a threat to health or safety or a cause of property damage, though housing providers can consider documented, specific harmful conduct by an animal. Furthermore, permitting an assistance animal is presumed to be a reasonable accommodation once a housing provider has engaged in an interactive process with the individual requesting it, and a complete prohibition of assistance animals is presumed discriminatory. However, housing providers are not considered to be engaging in discriminatory practices solely by requesting reasonable documentation or engaging in a good-faith interactive process to evaluate a request, unless the disability or need is obvious.