Bill > HB1231

This bill clarifies the documentation requirements for assistance animals in rental properties by defining "assistance animal" as any animal that serves a role for an individual with a disability as an emotional support, service, or therapy animal, and defining "disability" as a physical or mental impairment that substantially limits major life activities. Landlords can now request reliable supporting documentation from tenants asserting a disability-related need for an assistance animal, unless the disability or need is readily apparent or already known. This documentation must confirm the disability and its connection to the need for the animal, be issued within the last year (unless the disability is permanent or ongoing), and come from a licensed healthcare provider who has personal knowledge of the tenant, has conducted an individualized assessment, and is familiar with their limitations, with specific requirements for the provider's letterhead and attestation, though telehealth services are permitted if properly documented. However, landlords are not required to grant accommodations in certain situations, such as in small owner-occupied buildings or single-family homes owned by individuals who don't own more than three such homes and are selling or renting without a real estate agent, or if the animal poses a direct threat or would cause substantial damage. The bill also allows landlords to evict tenants who knowingly make false claims about needing an assistance animal or provide fraudulent documentation, and permits landlords to seek a damage fee of up to one thousand dollars from tenants who provide fraudulent documentation.

Business and Industry

https://sdlegislature.gov/#/Session/Bill/26843