Iowa Code § 216.8C
Finding of disability and need for an assistance animal in housing
Redline — January 1, 2020 → current.View current text →
Current — January 1, 2026
As of January 1, 2020
1. A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D whose assistance is requested by a patient or client seeking a finding that an assistance animal or service animal as defined in section 216.8B, subsection 1, is a reasonable accommodation in housing shall make a written finding regarding whether the patient or client has a disability and, if a disability is found, a separate written finding regarding whether the need for an assistance animal or service animal is related to the disability.
1. Upon a request for documentation pursuant to section 216.8B, subsection 3, a licensee under chapter 148, 148C, 152, 154B, 154C, or 154D, or a licensee of another state who is licensed under a similar law and who is in good standing with that state, shall make a written finding that includes all of the following:
2. A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D shall not make a finding under subsection 1 unless all of the following circumstances are present:
a. The licensee has met with the patient or client in person or by telemedicine.
a. Whether the patient or client has a disability.
b. The licensee is sufficiently familiar with the patient or client and the disability.
c. The licensee is legally and professionally qualified to make the finding.
3. The commission, in consultation with the consumer protection division of the office of the attorney general, shall adopt rules regarding the making of a written finding by licensees under this section. The rules shall include a form for licensees to document the licensees’ written finding. The form shall recite this section’s requirements and comply with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, and section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. The form must contain only two questions regarding the qualifications of the patient or client, which shall be whether a person has a disability and whether the need for an assistance animal or service animal is related to the disability. The form must indicate that the responses must be limited to “yes” or “no”. The form must not allow for additional detail.
4. A person who, in the course of employment, is asked to make a finding of disability and disability-related need for an assistance animal or service animal shall utilize the form created by the commission to document the person’s written finding.
5. A landlord may deny a request for an exception to a pet policy if a person, who does not have a readily apparent disability, or a disability known to the landlord, fails to provide documentation indicating that the person has a disability and the person has a disability-related need for an assistance animal or service animal.
b. Whether the patient has a disability-related need for an assistance animal.
c. The particular assistance provided by the assistance animal, if any.
d. Certification whether the provider-patient relationship has existed, in person or via telehealth, for at least thirty days between the licensee and the patient or client.
e. Certification whether the licensee is familiar with the person and the disability prior to providing the written finding.
f. The date the finding was issued by the licensee and the date the finding will expire.
g. The license number and type of license held by the licensee.
h. Whether the licensee received a separate or additional fee or other form of compensation solely in exchange for making the written finding required under this section.
2. The written finding must be made within twelve months of the start of a rental agreement and is valid for a period of twelve months or the term of the rental agreement, whichever is greater.
3. A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D may be subject to disciplinary action from the licensee’s licensing board for a violation of this section.
4. The agency shall create a form in compliance with this section and provide the form to the public on the agency’s website.
5. The agency shall offer training and consultation to the governing boards under chapter 148, 148C, 152, 154B, 154C, or 154D.
6. This section does not limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal or service animal.
6. This section does not limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.
Section applies upon adoption of rules by the Iowa civil rights commission; the commission adopted rules implementing the section on June 14, 2019, effective June 26, 2019, and published the rules as ARC 4552C in the Iowa administrative bulletin on July 17, 2019; 2019 Acts, ch 65, §9, 10
NEW section
Subsection 1, paragraph d amended
Subsections 4 and 5 amended
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.