Iowa Code 216.8B – Assistance animals and service animals in housing — penalty
Current as of: 2024 | Check for updates
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1. For purposes of this section, unless the context otherwise requires:
a. “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended.
b. “Service animal” means a dog or miniature horse as set forth in the implementing regulations of Tit. II and Tit. III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 216.8B
- Conviction: A judgement of guilt against a criminal defendant.
- Disability: means the physical or mental condition of a person which constitutes a substantial disability, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome. See Iowa Code 216.2
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state of Iowa and all political subdivisions and agencies thereof. See Iowa Code 216.2
2. A landlord shall waive lease restrictions and additional payments normally required for pets on the keeping of animals for the assistance animal or service animal of a person with a disability.
3. A renter is liable for damage done to any dwelling by an assistance animal or service animal.
4. A person who knowingly denies or interferes with the right of a person with a disability under this section is, upon conviction, guilty of a simple misdemeanor.