SF 2693

as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 04:30pm

A bill for an act
relating to housing; permitting a landlord to require a tenant to provide
documentation supporting the tenant's need for a service or assistance animal;
providing civil penalties; proposing coding for new law in Minnesota Statutes,
chapter 504B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [504B.113] SERVICE AND ASSISTANCE ANIMAL DOCUMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Service animal" means a service animal as defined by the Americans with Disabilities
Act, United States Code, title 42, section 12101, as amended.
new text end

new text begin (c) "Assistance animal" means an assistance animal as defined under the Fair Housing
Act, United States Code, title 42, sections 3601 to 3619 and 3631, as amended, or section
504 of the Rehabilitation Act of 1973, United States Code, title 29, section 701, as amended.
new text end

new text begin (d) "Tenant" means a current tenant or a prospective tenant.
new text end

new text begin (e) "Health care provider" means a provider who:
new text end

new text begin (1) is a physician licensed under chapter 147, a mental health professional licensed under
chapter 148B, or a social worker licensed under chapter 148E;
new text end

new text begin (2) is qualified to diagnose and treat the tenant's disability or disability-related need for
a service or assistance animal; and
new text end

new text begin (3) does not operate in the state solely to provide certification for service or assistance
animals.
new text end

new text begin Subd. 2. new text end

new text begin Request for documentation permitted. new text end

new text begin (a) A landlord may require a tenant
to provide supporting documentation for each service or assistance animal if the tenant
requests a service or assistance animal be allowed as an accommodation on the rented
premises under any provision of law. A landlord must not require supporting documentation
from a tenant if the tenant's disability or disability-related need for a service or assistance
animal is readily apparent or already known to the landlord.
new text end

new text begin (b) Upon a landlord's request, the tenant must provide supporting documentation from
a health care provider confirming the tenant's disability and the relationship between the
tenant's disability and the need for a service or assistance animal.
new text end

new text begin Subd. 3. new text end

new text begin Prohibited conduct. new text end

new text begin A tenant must not, directly or indirectly through statements
or conduct, knowingly:
new text end

new text begin (1) misrepresent themselves as a person with a disability that requires the use of a service
or assistance animal; or
new text end

new text begin (2) provide fraudulent supporting documentation under this section.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin (a) A violation of subdivision 3 is grounds for an eviction action under
this chapter. A tenant who violates subdivision 3 is liable to the landlord for a penalty not
to exceed $1,000.
new text end

new text begin (b) If the tenant violates subdivision 2 or 3, the landlord may deny the tenant's rental
application or request for a service or assistance animal.
new text end