383.085 Assistance animals -- Reasonable accommodations in dwellings --
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/ky/383-085A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Limitation of liability -- Penalty for misrepresentation of an assistance animal.
(1)As used in this section:
(a)"Assistance animal" means an animal that works, provides assistance, or
performs tasks for the benefit of a person with a disability, or provides
emotional support that alleviates one or more identified symptoms or effects
of a person's disability. This shall include a service animal specifically trained
or equipped to perform tasks for a person with a disability, or an emotional
support animal that provides support to alleviate one or more identified
symptoms or effects of a person's disability; and
(b)"Therapeutic relationship" means the provision of care, in good faith, to the
person with a disability by:
1. A licensed clinical social worker who holds a valid, unrestricted state
license under KRS 335.100 and who maintains an active practice within
the state;
2. A professional counselor who holds a valid, unrestricted state license
under KRS 335.525 and who maintains an active practice within the
state;
3. An advanced practice registered nurse who holds a valid, unrestricted
state license under KRS 314.042 and who maintains an active practice
within the state;
4. A psychologist who holds a valid, unrestricted state license under KRS
319.050 or 319.053 and who maintains an active practice within the
state; or
5. A physician who holds a valid, unrestricted state license under KRS
311.571 and who maintains an active practice within the state.
An individual who moves from another state may provide documentation
from a health-services provider who is licensed in that state, so long as the
person with a disability has an ongoing therapeutic relationship with the
provider. This definition shall not include a health-care provider described in
this paragraph whose primary service is to provide documentation to a person
requesting a reasonable accommodation in exchange for a fee.
(2)A person with a disability may submit a request for a reasonable accommodation to
maintain an assistance animal in a dwelling. Unless the person's disability or
disability-related need is readily apparent, the person receiving the request may ask
the person making the request to provide reliable documentation of the disability-
related need for an assistance animal, including documentation from any person
with whom the person making the request has or has had a therapeutic relationship.
(3)Unless the person making the request has a disability or disability-related need for
an assistance animal that is readily apparent, a person receiving a request for a
reasonable accommodation to maintain an assistance animal in a dwelling shall
evaluate the request and any reliable supporting documentation to verify the
disability-related need for the reasonable accommodation regarding an assistance
animal. The person receiving the request may independently verify the authenticity
of any supporting documentation.
(4)A person with a disability who is granted a reasonable accommodation to maintain
an assistance animal in a dwelling shall comply with the rental agreement or any
rules and regulations of the property owner applicable to all residents that do not
interfere with an equal opportunity to use and enjoy the dwelling and any common
areas of the premises. The person shall not be required to pay a pet fee or deposit or
any additional rent to maintain an assistance animal in a dwelling, but shall be
responsible for any physical damages to the dwelling if residents who maintain pets
are responsible for physical damages to the dwelling caused by pets. Nothing in this
section shall be construed to affect any cause of action against any resident for other
damages under the laws of the Commonwealth.
(5)Notwithstanding any other law to the contrary, a landlord shall not be liable for
injuries by a person's assistance animal permitted on the landlord's property as a
reasonable accommodation to assist the person with a disability pursuant to the Fair
Housing Act, as amended, 42 U.S.C. secs. 3601 et seq., the Americans with
Disabilities Act of 1990, 42 U.S.C. secs. 12101 et seq., and Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. sec. 701, or any other federal,
state, or local law.
(6)A person commits the offense of misrepresentation of an assistance animal if the
person knowingly:
(a)Misrepresents as a part of a request for a reasonable accommodation to
maintain an assistance animal in a dwelling that the person has a disability or
disability-related need for the use of an assistance animal;
(b)Makes materially false statements for the purpose of obtaining documentation
for the use of an assistance animal in housing;
(c)Provides a document to another falsely stating that an animal is an assistance
animal for use in housing;
(d)Fits an animal, which is not an assistance animal, with a harness, collar, vest,
or sign that the pet is an assistance animal for use in housing;
(e)Engages in fraud, deceit, or dishonesty in providing documentation to a person
as a part of a request for the use of an assistance animal in housing; or
(f)Provides documentation as a part of a request for an assistance animal in
housing to a person for the primary purpose of obtaining a fee.
(7)Misrepresentation of an assistance animal is a violation with a fine of up to one
thousand dollars ($1,000).