DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 219

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 45, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4514. Misrepresentation of a service animal; penalties.

(a) A person is guilty of misrepresentation of an animal as a service animal when the person intentionally does any of the following:

(1) Misrepresents that the person has a disability for which the animal the animal is trained to do work or perform tasks.

(2) Misrepresents an animal as a service animal by fitting an animal that is not a service animal with an item that states that it is a service animal, such as a harness, collar, vest, or sign.

(b) Misrepresentation of a service animal is punished as follows:

(1) A first occurrence, a civil penalty in the amount of $500, in addition to costs.

(2) A second or subsequent offense, an unclassified misdemeanor.

Section 2. Amend § 4602, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 4602. Definitions.

As used in this chapter:

(2) “Assistance animal” means a service animal or a support animal that meets the requirements for a reasonable accommodation under the Fair Housing Act, 42 U.S.C. § 3601, et seq.

(11) (12) “Discriminatory housing practice” means an act that is unlawful under § 4603, § 4603A, § 4604, § 4605, § 4606 § 4606, or § 4618 of this title.

(27) “Service animal” means as defined in § 4502 of this title.

(30) “Support animal” means an animal, other than a service animal, that does work, performs tasks, provides assistance, or provides therapeutic emotional support for an individual with a disability.

Section 3. Amend § 4603A, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 4603A. Discrimination in sale or rental of housing and other prohibited practices; additional provisions relating to discrimination against persons with disabilities.

(a) For purposes of this chapter, discrimination on the basis of a an individual’s disability includes, but is not limited to: includes any of the following:

(4) a. To make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented rented, or made available, or any person associated with that person, has a disability or to make inquiry as to the nature or severity of a disability of such a person.

b. As established under the Fair Housing Act, 42 U.S.C. § 3601, et seq., paragraph (a)(4)a. of this section does not prohibit a request for disability-related information if an individual requests a reasonable accommodation to keep an assistance animal and the disability or disability-related need for the animal is not apparent.

c. However, this paragraph Paragraph (a)(4)a. of this section does not prohibit any of the following inquiries, provided these inquiries are if the inquiry is made of all applicants, whether or not they have a disability: applicants:

a. 1. Inquiry into an applicant’s ability to meet the requirements of ownership or tenancy; tenancy.

b. 2. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with a particular type of disability; disability.

c. 3. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to a person with a disability or to persons a person with a particular type of disability; or disability.

d. 4. Inquiry to determine whether an applicant for a dwelling is a current illegal user of a controlled substance.

Section 4. Amend Chapter 46, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4621. Misrepresentation of an assistance animal; penalties.

(a) A person is guilty of misrepresentation of an animal as an assistance animal when the person intentionally requests a reasonable accommodation to keep an assistance animal in a dwelling where animals are otherwise not allowed and does any of the following:

(1) Creates a document that misrepresents that the person has a disability for which the animal provides assistance as a service animal or support animal.

(2) Creates a document that misrepresents an animal as an assistance animal.

(3) Provides a document to another person falsely stating that an animal is an assistance animal.

(4) Fits an animal that is not an assistance animal with an item that states that it is an assistance animal , such as a harness, collar, vest, or sign.

(b) Misrepresentation of an assistance animal is punished as follows:

(1) A first occurrence, a civil penalty in the amount of $500, in addition to costs.

(2) A second or subsequent offense, an unclassified misdemeanor.

Section 5. Amend § 5116, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 5116. Fair housing provisions.

(a) No person, being an owner or agent of any real estate, house, apartment or other premises, shall may engage in a discriminatory housing practice or otherwise refuse or decline to rent, subrent, sublease, assign or cancel any existing rental agreement to or of any tenant or any person by reason of race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, or occupation occupation, or because the tenant or person has a child or children in the family. familial status.

(b) No person shall may engage in a discriminatory housing practice or otherwise demand or receive a greater sum as rent for the use and occupancy of any premises because the person renting or desiring to rent the premises is of a particular race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, or occupation occupation, or has a child or children in the family. familial status.

(c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord’s action, including, but not limited to, including reasonable expenditures necessary to obtain adequate substitute housing.

(d) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with federal and state fair housing acts, a landlord may make rental units available exclusively for rental by senior citizens. A senior citizen rental unit shall be available for rent solely to senior citizens, without regard to race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, source of income, or occupation of the senior citizen and without regard to whether or not the senior citizen has a dependent child or children in the residence.

(e) A landlord is not be required to participate in any government-sponsored rental assistance program, voucher, or certificate system. A landlord’s nonparticipation in any government-sponsored rental assistance program, voucher, or certificate system may not serve as the basis for any administrative or judicial proceeding under this chapter.

(f) The prohibitions in this section against discrimination based on source of income shall do not limit the ability of a landlord participating in any government sponsored rental assistance program, voucher, or certificate system from reserving rental units for tenants who qualify for such governmental program.

(g) The prohibitions in this chapter against discrimination based on source of income shall do not limit the ability of any landlord or prospective landlord to consider the sufficiency or sustainability of income of, or the credit rating of, a tenant or prospective tenant, so long as sufficiency or sustainability of income, and the credit requirements, are applied in a commercially reasonable manner and without regard to source of income.

Section 6. Amend § 5141, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 5141. Definitions.

The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: For purposes of Part III of this title:

(2) “Assistance animal” means as defined in § 4602 of Title 6.

(10) “Discriminatory housing practice” means as defined in § 4602 of Title 6.

(36) “Support animal” shall mean any animal individually trained to do work or perform tasks to meet the requirements of a disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items. [Repealed].

Section 7. Amend § 5514, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5514. Security deposit.

(i)  Pet deposits. —  (1) A landlord may require a pet deposit. Damage to the rental unit caused by an animal shall first be deducted from the pet deposit. Where the pet deposit is insufficient, such damages may be deducted from the security deposit. A pet deposit is subject to subsections (b), (e), (f), (g) (g), and (h) of this section.

(3) A landlord may require an additional deposit from a tenant with a pet, but shall not require any pet deposit from a tenant if the pet is a duly certified and trained support animal for a disabled person who is a resident of the rental unit. pet.

(4) Notwithstanding paragraphs (i)(1) through (i)(3) of this section, a landlord may not require an additional deposit from a tenant for the tenant’s assistance animal.

SYNOPSIS

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.

Author: Senator Lawson