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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
landlord
tenant; assistance animals
(NOW: assistance animals; landlord tenant)
Purpose
States that a landlord is not liable for injuries or damages cause by a purported assistance or service animal that is allowed a reasonable accommodation or modification on the landlord's property.
Background
The federal Fair Housing Act (FHA) and Americans
with Disabilities Act (ADA) and Arizona fair housing laws prohibit housing
discrimination because of a disability of the buyer, renter, person residing in
a dwelling or person associated with a buyer, renter or resident.
Discrimination includes: 1) a refusal to permit, at the expense of the person
with a disability, reasonable modifications of existing premises occupied or to
be occupied by the person if the modifications may be necessary to afford the
person full enjoyment of the premises, provided that, in the case of a renter,
the landlord may, where it is reasonable to do so, condition permission for a
modification on the renter agreeing, to restore the interior of the premises to
the condition that existed before the modification, reasonable wear and tear
excepted; and 2) a refusal to make reasonable accommodations in rules,
policies, practices or services necessary to afford a person with a disability
equal opportunity to use and enjoy a dwelling (42
U.S.C. § 3601; 42
U.S.C.
§ 12101; and A.R.S.
§ 41-1491.19).
The U.S. Department of Housing and Urban Development states that an assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability and is not a pet. Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions (HUD).
The definition of service animal, under the ADA, is limited to dogs that are trained to do work or perform tasks for a person with a disability, with a possible exemption for miniature horses. An animal whose sole function is to provide comfort or emotional support does not qualify as a service animal under the ADA. Generally, public and private sector entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go. Housing providers are also obligated to make reasonable accommodations for service animals under the FHA (DOJ).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. States that a landlord is not liable for injuries or damages cause by a purported assistance animal or alleged service animal that is allowed as a reasonable accommodation or reasonable modification on the landlord’s property or within the property controlled by the landlord.
2. States that the landlord liability requirement does not limit or abridge the rights of a person with a disability as otherwise prescribed in Arizona fair housing laws.
3. Defines assistance animal as a trained or untrained animal that works, provides assistance, performs a task or provides therapeutic or emotional support for the benefit of a person with a disability.
4. Defines service animal as any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including a physical sensory, psychiatric, intellectual or other mental disability and excluding other species of animals, whether wild or domestic, trained or untrained.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Specifies that a landlord is not liable for injuries or damages, rather than only injuries, caused by a purported assistance or service animal that is allowed as a reasonable accommodation or modification on the landlord's property or within property controlled by the landlord.
3. Redefines assistance animal as a trained or untrained animal that works, provides assistance, performs a task or provides therapeutic or emotional support for the benefit of a person with a disability.
4. Removes the definition of reasonable accommodation.
5. Makes technical and conforming changes.
Senate Action
RAGE 3/19/25 DPA/SE 4-2-1
Prepared by Senate Research
April 17, 2025
JT/ci