Labor Commission, Antidiscrimination and Labor, Fair Housing

Section R608-1-17

Assistance Animals

Change in Proposed Rule

DAR File No.: 35094
Filed: 09/28/2011 11:18:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change in proposed rule is to conform the proposed rule provisions to the requirements of existing federal regulations.

Summary of the rule or change:

The rule clarifies that federal and state Fair Housing laws permit an individual with a disability to have an assistance animal in a housing facility that would otherwise restrict such animals, provided that the service animal is necessary to the disabled individual's use and enjoyment of the housing. The rule allows a housing provider to verify the need for such an assistance animal and to disallow a service animal on the grounds of undue financial or administrative burden, safety, or other such reasons. Additionally, the rule clarifies the definition of "assistance animal." The rule also distinguishes between standards that apply to service animals in housing situations and standards that apply to service animals in public areas, common carriers, and similar settings. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the August 15, 2011, issue of the Utah State Bulletin, on page 47. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 57-21-1 et seq.
• Section 63G-4-102 et seq.

Anticipated cost or savings to:

the state budget:

The rule will not have any appreciable effect on the state's costs in administering and enforcing Fair Housing laws, nor is the rule expected to have any other fiscal impact on the state budget.

local governments:

To the extent that local governments provide housing to disabled individuals, such governments may be subject to this rule's requirements. Because the rule merely restates and clarifies the existing requirements of state and federal statues, adoption of the rule will not result in any cost or savings to local governments.

small businesses:

To the extent that small businesses provide housing to disabled individuals, such small businesses may be subject to this rule's requirements. Because the rule merely restates and clarifies the existing requirements of state and federal statues, adoption of the rule will not result in any cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

In addition to local governments and small businesses, other entities that provide housing to disabled individuals may be subject to this rule's requirements. Because the rule merely restates and clarifies the existing requirements of state and federal statutes, adoption of the rule will not result in any cost or savings.

Compliance costs for affected persons:

This rule imposes no compliance costs on affected persons. The rule's substantive provisions are already part of state and federal Fair Housing law. Consequently, housing providers and housing consumers are already subject to the requirements contained in the rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

By clarifying and explaining to housing providers and housing consumers the rules that apply to assistance animals, the proposed rule should avoid conflict and reduce the number of adjudicative proceedings on this issue. To that extent, the proposed rule will reduce litigation costs for businesses and individuals.

Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Antidiscrimination and Labor, Fair Housing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Heather Gunnarson at the above address, by phone at 801-530-6921, by FAX at 801-530-7601, or by Internet E-mail at hgunnarson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2011

This rule may become effective on:

11/21/2011

Authorized by:

Sherrie Hayashi, Commissioner

R608. Labor Commission, Antidiscrimination and Labor, Fair Housing.

R608-1. Utah Fair Housing Rules.

R608-1-17. Assistance Animals.

A. General

1. Pursuant to the Utah Fair Housing Act and the federal Fair Housing Act, this rule defines the circumstances in which an individual with a disability is entitled to an assistance animal as a reasonable accommodation in a [housing facility]dwelling that would otherwise restrict or prohibit the presence of an animal. [This rule applies only to tenants, prospective tenants and those authorized by the housing provider to live at the housing facility.]The term "assistance animals" as used in this rule means animals that assist, support, or provide service to persons with disabilities and may include or otherwise be referred to as service animals, emotional support animals, assistive animals, or therapy animals.

2. The [proposed] assistance animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program. This requires a demonstrable relationship between the individual's disability and the assistance the animal provides.

a. Housing providers are entitled to verify the existence of the individual's disability as well as the need for the assistance animal as an accommodation for that disability if either is not readily apparent. Accordingly, an individual proposing an assistance animal as a reasonable accommodation for a disability may be required to provide documentation form a physician, psychiatrist, or other qualified healthcare professional that the animal provides support that alleviates a symptom or effect of the disability.

b. Housing providers need not permit an assistance animal as an accommodation to a person with a disability if the provider demonstrates that allowing the assistance animal would impose an undue financial or administrative burden or would fundamentally alter the nature of [the]a housing facility, program or service.

c. Housing providers are not required to provide an accommodation that poses a direct threat to the health or safety of others. Thus, if a particular assistance animal has a history of dangerous behavior, if the animal is out of control and its handler does not take effective action to control it, [or if the animal is not housebroken,] the housing provider is not required to accept the assistance animal[ into the housing].

B. Relationship of this rule to other laws addressing service animals.

[While federal and state]1. The federal Fair Housing Act, the Utah Fair Housing Act [fair housing laws] and this rule establish the standards for assistance animals as a reasonable accommodation in housing[, this rule does not apply to use of service animals in public areas, common carriers, public conveyances, public accommodations or places of amusement, which are governed by standards set forth in Utah Code Ann. Section 62A-5b-101 et seq., "Rights and Privileges of a Person with a Disability."].

2. This rule does not apply to use of service animals in public areas, common carriers, public conveyances, public accommodations or places of amusement, which are governed by standards set forth in Utah Code Ann. Section 62A-5b-101 et seq., "Rights and Privileges of a Person with a Disability."

 

KEY: housing, fair housing, discrimination, time

Date of Enactment or Last Substantive Amendment: 2011

Notice of Continuation: November 30, 2006

Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.