Bill Text: IL HB3671 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Assistance Animal Integrity Act. Defines terms. Provides that a housing provider who receives a request from a person to make an exception to the housing provider's policy prohibiting or restricting animals on the housing provider's property because the person requires the use of an assistance animal may require the person to produce reliable documentation 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 housing provider. Provides requirements for documentation that a person has a disability and requires the use of an assistance animal as a reasonable accommodation in housing under the federal Fair Housing Act or the Illinois Human Rights Act. Provides that a housing provider may deny a documented request for accommodation or rescind a granted request if the accommodation imposes either an undue financial and administrative burden or a fundamental alteration to the nature of the operations of the housing provider or if, after conducting an individualized assessment, there is reliable objective evidence that the specific assistance animal: (i) poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation; (ii) causes substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation; or (iii) has engaged in a pattern of uncontrolled behavior that its handler has not taken effective action to correct. Provides that a housing provider may require a resident to cover the costs of repairs for damage the animal causes to the resident's dwelling unit or the common areas, reasonable wear and tear excepted, in the same manner it would for damage caused by any other resident, but may not require a resident to pay a pet-related deposit, pet fee, or related pet assessment and also may not require purchase of special liability insurance or coverage for the assistance animal. Provides that nothing in the Act shall be construed as requiring documentation of a specific diagnosis regarding a disability or disability-related need. Provides that nothing in the Act prohibits a housing provider from verifying the authenticity of the documentation submitted under the Act. Provides that, notwithstanding any other provision of law to the contrary, a housing provider shall not be liable for injuries caused by a person's assistance animal permitted on the housing provider's property as a reasonable accommodation to assist the person with a disability. Provides that nothing in the Act shall be construed to: limit individuals' rights under specified laws; or limit the liability of housing providers under such laws.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0518 [HB3671 Detail]

Download: Illinois-2019-HB3671-Introduced.html


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.
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A BILL FOR

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1 AN ACT concerning animals.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Assistance and Service Animal Integrity Act.
6 Section 5. Section 5. Definitions. In this Act:
7 "Assistance animal" means an animal, other than a service
8animal, that qualifies as a reasonable accommodation under the
9Fair Housing Act, 42 U.S.C. 3601, Section 504 of the
10Rehabilitation Act of 1973, 29 U.S.C. 794, or local law,
11including an emotional support animal if the animal qualifies
12as a reasonable accommodation.
13 "Disability" means a physical or mental impairment which
14substantially limits one or more major life activities.
15 "Service animal" means an animal, other than an assistance
16animal, that qualifies as a service animal under the federal
17Americans with Disabilities Act of 1990 and is trained to
18perform the relevant tasks for a person with a disability.
19 "Therapeutic relationship" means the provision of medical
20care, program care, or personal care services, in good faith,
21for and with actual knowledge of, the disability and
22disability-related need of the individual requesting
23accommodations by: (1) a physician or other medical

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1professional; (2) a mental health service provider; or (3) a
2non-medical individual or entity in good standing with a valid
3state license, certification, or registration to serve persons
4with disabilities, not including care or services to the
5individual where services use electronically transmitted
6patient-specific data between a remote location unless those
7services are provided under the Telehealth Act.
8 Section 10. Documentation of disability and
9disability-related need.
10 (a) A landlord who receives a request from a person to make
11an exception to the landlord's policy prohibiting animals on
12the landlord's property because the person requires the use of
13an assistance animal or service animal may require the person
14to produce reliable documentation, which may be a standardized
15form, of the disability and disability-related need for the
16animal only if the disability or disability-related need is not
17readily apparent or known to the landlord. A request for an
18exception is allowed for only one animal, unless documentation
19under subsection (b) specifically indicates more than one is
20required.
21 (b) Any documentation that a person is disabled and
22requires the use of an assistance animal or service animal as a
23reasonable accommodation in housing under the Fair Housing Act,
24the Rehabilitation Act of 1973, the Americans with Disabilities
25Act of 1990, the Illinois Human Rights Act or local law shall:

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1 (1) be in writing;
2 (2) be made by any person whom the individual requesting
3accommodation has a therapeutic relationship; and
4 (3) describe the person's disability-related need for the
5assistance animal or service animal.
6 (c) A landlord may deny a documented request for
7accommodation or rescind a granted request under this Act if:
8 (1) the accommodation imposes either: (1) an undue
9 financial and administrative burden; or (2) a fundamental
10 alteration to the nature of the operations of the landlord;
11 or
12 (2) the assistance animal or service animal: (1) poses
13 a direct threat to the health or safety of others that
14 cannot be reduced or eliminated by another reasonable
15 accommodation; (2) causes substantial physical damage to
16 the property of others that cannot be reduced or eliminated
17 by another reasonable accommodation; or (3) the animal is
18 out of control and its handler does not take effective
19 action to control it.
20 (d) A landlord may require additional supporting
21documentation when necessary to evaluate the reasonableness of
22either the requested accommodation or any identified
23alternative accommodation.
24 (e) A landlord may consider the disability accommodation of
25other tenants on the property when evaluating the
26reasonableness of either the requested accommodation or any

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1identified alternative accommodation under this Act.
2 (f) A landlord may require a tenant to cover the costs of
3repairs for damage the animal causes to the tenant's dwelling
4unit or the common areas, reasonable wear and tear excepted;
5however, a landlord may not require a tenant to pay a
6pet-related deposit that is otherwise required for tenants who
7are not requesting accommodation under this Act.
8 (g) Nothing in this Act shall be construed as requiring
9documentation of a specific diagnosis regarding a disability or
10disability-related need.
11 Section 15. Immunity. Notwithstanding any other provision
12of law to the contrary, a landlord shall not be liable for
13injuries caused by a person's assistance animal or service
14animal permitted on the landlord's property as a reasonable
15accommodation to assist the person with a disability under the
16Fair Housing Act, Section 504 of the Rehabilitation Act of
171973, the Americans with Disabilities Act of 1990, the Illinois
18Human Rights Act, or any other federal, State, or local law.
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