HB3671 101ST GENERAL ASSEMBLY

LRB101 07775 SLF 52824 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3671

Introduced , by Rep. André Thapedi

SYNOPSIS AS INTRODUCED:

New Act

Creates the Assistance and Service Animal Integrity Act. Provides that a landlord who receives a request from a person to make an exception to the landlord's policy prohibiting animals on the landlord's property because the person requires the use of an assistance animal or service animal may require the person to produce reliable documentation, which may be a standardized form, of the disability and disability-related need for the animal only if the disability or disability-related need is not readily apparent or known to the landlord. Provides that a landlord may require additional supporting documentation when necessary to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodation. Provides that a landlord shall not be liable for injuries caused by a person's assistance animal or service animal permitted on the landlord's property as a reasonable accommodation to assist the person with a disability. Provides that a landlord may require a tenant to cover the costs of repairs for damage the animal causes to the tenant's dwelling unit or the common areas, reasonable wear and tear excepted; however, a landlord may not require a tenant to pay a pet-related deposit that is otherwise required for tenants who are not requesting accommodation. Defines terms. Makes other changes.

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Assistance and Service Animal Integrity Act.

Section 5. Section 5. Definitions. In this Act:

"Assistance animal" means an animal, other than a service animal, that qualifies as a reasonable accommodation under the Fair Housing Act, 42 U.S.C. 3601, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or local law, including an emotional support animal if the animal qualifies as a reasonable accommodation.

"Disability" means a physical or mental impairment which substantially limits one or more major life activities.

"Service animal" means an animal, other than an assistance animal, that qualifies as a service animal under the federal Americans with Disabilities Act of 1990 and is trained to perform the relevant tasks for a person with a disability.

"Therapeutic relationship" means the provision of medical care, program care, or personal care services, in good faith, for and with actual knowledge of, the disability and disability-related need of the individual requesting accommodations by: (1) a physician or other medical professional; (2) a mental health service provider; or (3) a non-medical individual or entity in good standing with a valid state license, certification, or registration to serve persons with disabilities, not including care or services to the individual where services use electronically transmitted patient-specific data between a remote location unless those services are provided under the Telehealth Act.

Section 10. Documentation of disability and disability-related need.

(a) A landlord who receives a request from a person to make an exception to the landlord's policy prohibiting animals on the landlord's property because the person requires the use of an assistance animal or service animal may require the person to produce reliable documentation, which may be a standardized form, of the disability and disability-related need for the animal only if the disability or disability-related need is not readily apparent or known to the landlord. A request for an exception is allowed for only one animal, unless documentation under subsection (b) specifically indicates more than one is required.

(b) Any documentation that a person is disabled and requires the use of an assistance animal or service animal as a reasonable accommodation in housing under the Fair Housing Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Illinois Human Rights Act or local law shall:

(1) be in writing;

(2) be made by any person whom the individual requesting accommodation has a therapeutic relationship; and

(3) describe the person's disability-related need for the assistance animal or service animal.

(c) A landlord may deny a documented request for accommodation or rescind a granted request under this Act if:

(1) the accommodation imposes either: (1) an undue financial and administrative burden; or (2) a fundamental alteration to the nature of the operations of the landlord; or

(2) the assistance animal or service animal: (1) poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation; (2) causes substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation; or (3) the animal is out of control and its handler does not take effective action to control it.

(d) A landlord may require additional supporting documentation when necessary to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodation.

(e) A landlord may consider the disability accommodation of other tenants on the property when evaluating the reasonableness of either the requested accommodation or any identified alternative accommodation under this Act.

(f) A landlord may require a tenant to cover the costs of repairs for damage the animal causes to the tenant's dwelling unit or the common areas, reasonable wear and tear excepted; however, a landlord may not require a tenant to pay a pet-related deposit that is otherwise required for tenants who are not requesting accommodation under this Act.

(g) Nothing in this Act shall be construed as requiring documentation of a specific diagnosis regarding a disability or disability-related need.

Section 15. Immunity. Notwithstanding any other provision of law to the contrary, a landlord shall not be liable for injuries caused by a person's assistance animal or service animal permitted on the landlord's property as a reasonable accommodation to assist the person with a disability under the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Illinois Human Rights Act, or any other federal, State, or local law.