Landlords and other property managers would be allowed to question the validity of assistance animals under a new bill passed by the state House and Senate on April 21. This would include therapy, comfort and other emotional support animals.
The bill would go into effect Nov. 1.
“I have a lot of condo towers in my district, and quite a few of them are no pets allowed,” said Sen. Karl Rhoads of Honolulu who introduced the bill. “This law is intended to make clear what questions the AOAO (Association of Apartment Owners) can ask.”
Questions about the assistance animal’s authenticity can be asked if the “need for an assistance animal is not readily apparent” or whether the assistance the pet provides relates directly to the individual’s disability.
“The proponent of this bill is the disability community,” said Sen. Joy San Buenaventura of Puna. “They’re upset about the abuses that people who are not disabled are using that was supposed to help those who are truly disabled.”
There also is discernment between a service animal, identified federally by the Americans with Disabilities Act as a dog individually trained to perform tasks, and an assistance animal, which is broadened by the state to include other animals.
Medical rights of tenants will still be protected despite the authority to question the validity of the assistance animals.
“You can’t get into what the disease or diagnosis is,” said Rhoads. “But AOAOs do have the right to have it verified by a health care professional.”
Verification could include “a letter or other communication from the person’s treating health care professional or social worker,” without the need for requesting an individual’s medical records.
“I think this just makes a clearer pathway for what they can ask for,” said Rep. Troy Hashimoto of Maui who serves as vice chair of the Housing Committee. “We want to make sure it’s nothing too invasive, but we want to make sure someone can’t skirt the system. We want to make sure there’s a legitimate reason for it.”
The bill also clarifies that “possession of a vest, tag, or registration documents that are commonly purchased online” would not constitute valid forms of verification for an assistance animal.
“It’s really just to give more confidence to the AOAOs,” Rhoads said. “Essentially, these same questions are in administrative rules already, but they weren’t statutory.”
The clarification of language will make it easier on landlords who fear potential litigation when questioning tenants about assistance animals.
“The only part of it that’s going to be a little difficult is that AOAOs are afraid to ask the questions, because they’re afraid they’re going to get sued,” said Rhoads. “That’s really the point of the bill, to give them some confidence that these are questions you’re allowed to ask, you just have to be specific about them.”
The bill was sent on April 21 to Gov. David’s Ige, who can either sign or veto the bill, or allow it to pass without his signature.
“We wanted to make sure that, yes, if you need an animal, it’s there,” Hashimoto said. “But we wanted to clarify under what circumstances and what things landlords can ask for.”
Email Grant Phillips at gphillips@hawaiitribune-herald.com