Oklahoma § 41-113.2 - Assistance animal – Reasonable housing accommodation

§ 41-113.2. Assistance animal – Reasonable housing accommodation

request.

A. As used in this section, "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. "Assistance animal" includes 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 a person with a disability who has a disability-related need for

such support.

B. A person with a disability may submit a request for a

reasonable accommodation to maintain an assistance animal in a

dwelling pursuant to the Fair Housing Act, as amended, 42 U.S.C.,

Section 3601 et seq., the Americans with Disabilities Act of 1990,

42 U.S.C., Section 12101 et seq., and Section 504 of the

Rehabilitation Act of 1973, as amended, 29 U.S.C., Section 701 or

any other federal, state or local law. Unless the person making the

request has a disability or disability-related need for an

assistance animal that is readily apparent, the landlord may request

reliable supporting documentation that (1) is necessary to verify

Oklahoma Statutes - Title 41. Landlord and Tenant

that the person meets the definition of disability pursuant to the

Fair Housing Act, (2) describes the needed accommodation, and (3)

shows the relationship between the person's disability and the need

for the requested accommodation. The landlord may independently

verify the authenticity of any supporting documentation. Supporting

documentation that was acquired through purchase or exchange of

funds for goods and services shall be presumed to be fraudulent

supporting documentation.

C. 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 requirements of subsection B of this section.

D. If a person obtains a reasonable housing accommodation under

this section by knowingly making a false claim of having a

disability that requires the use of an assistance animal or by

knowingly providing fraudulent supporting documentation in

connection with such claim, the landlord may remedy the person's

noncompliance by the procedures authorized pursuant to the Oklahoma

Residential Landlord and Tenant Act in Section 132 of Title 41 of

the Oklahoma Statutes. Additionally, a prevailing landlord in an

eviction action under this section may be awarded court costs and

fees, plus damages not to exceed One Thousand Dollars ($1,000.00)

from the tenant.

Added by Laws 2018, c. 223, § 1, eff. Nov. 1, 2018.