Delaware General Assembly

Senate Banking, Business, Insurance & Technology 2/29/24

Awaiting consideration in Committee

2/29/24

Lawson

Rep. D. Short

Sen. Buckson, Hocker, Pettyjohn, Wilson
Rep. Parker Selby

AN ACT TO AMEND TITLE 6 AND TITLE 25 OF THE DELAWARE CODE RELATING TO THE MISREPRESENTATION OF SERVICE ANIMALS AND ASSISTANCE ANIMALS.

This Act creates penalties for misrepresentation of a service animal under the Delaware Equal Accommodations Law and misrepresentation of an assistance animal under the Delaware Fair Housing Act. The language of these penalties is different because under both federal and State law, a broader range of animals must be allowed as a reasonable accommodation in housing to an individual with a disability and more disability-related information may be requested, than in places of public accommodation. However, the penalties are the same: a first violation is a civil penalty in the amount of $500 and each subsequent offense is an unclassified misdemeanor. In addition, this Act updates the terms, definitions, and requirements for assistance animals under the Delaware Fair Housing Act to align with federal law and makes corresponding changes to the Residential Landlord-Tenant Code. This Act also makes corresponding changes and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act does not require a greater than majority vote for passage because Superior Court already has jurisdictions over all criminal violations under Chapter 46 of Title 6.

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Takes effect upon being signed into law

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