Sec. 12. This section applies to an individual described in section 9 of this chapter who has a disability that is not readily apparent, and the health service provider who verifies the individual’s disability status and need for an emotional support animal. An individual who submits a request to maintain an emotional support animal in a dwelling, or a health service provider who verifies the individual’s need for an emotional support animal, and:

(1) misrepresents to a person who offers to rent or otherwise make available a dwelling that the individual is an individual with a disability or has a disability related need that requires the use of an emotional support animal in a dwelling;

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Terms Used In Indiana Code 22-9-7-12

  • dwelling: means :

    Indiana Code 22-9-7-2

  • emotional support animal: means a companion animal that a health service provider has determined provides a benefit for an individual with a disability, which may include improving at least one (1) symptom of the disability. See Indiana Code 22-9-7-6
  • health service provider: refers to :

    Indiana Code 22-9-7-4

  • individual with a disability: means an individual:

    Indiana Code 22-9-7-5

  • to rent: has the meaning set forth in Indiana Code 22-9-7-7
(2) makes a materially false statement to the individual’s health service provider to obtain documentation to substantiate the individual’s need for an emotional support animal in a dwelling;

(3) provides a document to a person who offers to rent or otherwise make available a dwelling that misrepresents that the animal is an emotional support animal;

(4) fits an animal that is not an emotional support animal with a harness, collar, vest, or sign that would cause a reasonable person to believe the animal is an emotional support animal; or

(5) in the case of a health service provider:

(A) verifies an individual’s disability status and need for an emotional support animal without adequate professional knowledge of the individual’s condition to provide a reliable verification; or

(B) charges a fee for providing a written verification for an individual’s disability status and need for an emotional support animal, and provides no other service to the individual;

commits a Class A infraction.

As added by P.L.162-2018, SEC.1. Amended by P.L.10-2019, SEC.103.

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