Full Text of HB3671 101st General Assembly
HB3671eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Assistance and Service Animal Integrity Act. | 6 | | Section 5. Section 5. Definitions. In this Act: | 7 | | "Assistance animal" means an animal, other than a service | 8 | | animal, that qualifies as a reasonable accommodation under the | 9 | | Fair Housing Act, 42 U.S.C. 3601, Section 504 of the | 10 | | Rehabilitation Act of 1973, 29 U.S.C. 794, or local law, | 11 | | including an emotional support animal if the animal qualifies | 12 | | as a reasonable accommodation. | 13 | | "Disability" means a physical or mental impairment which | 14 | | substantially limits one or more major life activities. | 15 | | "Service animal" means an animal, other than an assistance | 16 | | animal, that qualifies as a service animal under the federal | 17 | | Americans with Disabilities Act of 1990 and is trained to | 18 | | perform the relevant tasks for a person with a disability. | 19 | | "Therapeutic relationship" means the provision of medical | 20 | | care, program care, or personal care services, in good faith, | 21 | | for and with actual knowledge of, the disability and | 22 | | disability-related need of the individual requesting | 23 | | accommodations by: (1) a physician or other medical |
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| 1 | | professional; (2) a mental health service provider; or (3) a | 2 | | non-medical individual or entity in good standing with a valid | 3 | | state license, certification, or registration to serve persons | 4 | | with disabilities, not including care or services to the | 5 | | individual where services use electronically transmitted | 6 | | patient-specific data between a remote location unless those | 7 | | services are provided under the Telehealth Act. | 8 | | Section 10. Documentation of disability and | 9 | | disability-related need. | 10 | | (a) A landlord who receives a request from a person to make | 11 | | an exception to the landlord's policy prohibiting animals on | 12 | | the landlord's property because the person requires the use of | 13 | | an assistance animal or service animal may require the person | 14 | | to produce reliable documentation, which may be a standardized | 15 | | form, of the disability and disability-related need for the | 16 | | animal only if the disability or disability-related need is not | 17 | | readily apparent or known to the landlord. A request for an | 18 | | exception is allowed for only one animal, unless documentation | 19 | | under subsection (b) specifically indicates more than one is | 20 | | required. | 21 | | (b) Any documentation that a person is disabled and | 22 | | requires the use of an assistance animal or service animal as a | 23 | | reasonable accommodation in housing under the Fair Housing Act, | 24 | | the Rehabilitation Act of 1973, the Americans with Disabilities | 25 | | Act 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 | 3 | | accommodation has a therapeutic relationship; and | 4 | | (3) describe the person's disability-related need for the | 5 | | assistance animal or service animal. | 6 | | (c) A landlord may deny a documented request for | 7 | | accommodation 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 | 21 | | documentation when necessary to evaluate the reasonableness of | 22 | | either the requested accommodation or any identified | 23 | | alternative accommodation. | 24 | | (e) A landlord may consider the disability accommodation of | 25 | | other tenants on the property when evaluating the | 26 | | reasonableness of either the requested accommodation or any |
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| 1 | | identified alternative accommodation under this Act. | 2 | | (f) A landlord may require a tenant to cover the costs of | 3 | | repairs for damage the animal causes to the tenant's dwelling | 4 | | unit or the common areas, reasonable wear and tear excepted; | 5 | | however, a landlord may not require a tenant to pay a | 6 | | pet-related deposit that is otherwise required for tenants who | 7 | | are not requesting accommodation under this Act. | 8 | | (g) Nothing in this Act shall be construed as requiring | 9 | | documentation of a specific diagnosis regarding a disability or | 10 | | disability-related need. | 11 | | Section 15. Immunity. Notwithstanding any other provision | 12 | | of law to the contrary, a landlord shall not be liable for | 13 | | injuries caused by a person's assistance animal or service | 14 | | animal permitted on the landlord's property as a reasonable | 15 | | accommodation to assist the person with a disability under the | 16 | | Fair Housing Act, Section 504 of the Rehabilitation Act of | 17 | | 1973, the Americans with Disabilities Act of 1990, the Illinois | 18 | | Human Rights Act, or any other federal, State, or local law.
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