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Assistance‑animal bill draws concerns from Department of Labor and housing advocates over federal compliance
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Summary
Senate Bill 2,193 would tighten documentation for assistance animals and add penalties for misrepresentation; state civil‑rights staff warned the committee it may conflict with federal fair‑housing rules and risk loss of cooperative HUD funding.
Senate Bill 2,193, proposing new documentation rules and penalties for assistance (emotional support) animals, prompted a contentious hearing in the House Agriculture Committee as state civil‑rights staff and fair‑housing advocates warned that the bill in its current form could conflict with federal fair‑housing rules.
The bill sponsor, Senator Judy Lee, told the committee the intent is to distinguish assistance animals from service animals and to reduce misuse of online certificates and ‘‘for‑sale’’ letters that she and landlords say have led to problems in housing, travel and other settings. "We want to make sure people have available assistance animals, but it needs to be somebody who has a legitimate health care provider that is providing that documentation," Lee said.
Why it matters: The Department of Labor and Human Rights (which enforces North Dakota’s housing discrimination statute under a HUD cooperative agreement) told the committee the current bill contains several provisions that differ from federal fair‑housing guidance and could put the state out of substantial equivalency with HUD. Commissioner Zachary Greenberg said losing that status would remove federal cooperative funding (recent grants totaled roughly $125,000 annually) and would require duplicate state and federal investigations of housing complaints.
Key issues raised in testimony: Labor department staff and fair‑housing advocates recommended removing state‑only licensure and 30‑day documentation windows and replacing penal provisions with civil remedies or enforcement pathways that align with federal guidance. Christina Sambor of the High Plains Fair Housing Center proposed amendments to allow documentation from appropriately qualified professionals (physicians, nurse practitioners, psychologists, counselors and clinical social workers), to drop the 30‑day limit on evidence, to remove criminal penalties for providers and to narrow proposed seller‑disclosure requirements so ordinary pet resales and shelter adoptions are not burdened.
Disability advocates and people who use assistance animals testified that assistance animals — often cats as well as dogs — provide important functional benefits and that cost and long waits for specially trained service animals can make assistance animals the only viable option for some people. A cochran of disability legal advocates recommended the committee adopt the High Plains Center amendments and cautioned that rigid, state‑only licensing requirements would exclude veterans, students and people with out‑of‑state treating clinicians.
Outcome: Committee did not adopt final language at the hearing. Staff and advocates proposed a set of amendments that would narrow and clarify the bill’s requirements; committee members asked authors and agency staff to continue negotiations. No final vote was taken.
Clarifying details: Testimony noted three separate federal laws apply in this area: the Fair Housing Act and Rehabilitation Act (which treat assistance animals as reasonable accommodations in housing) and the Americans with Disabilities Act (which defines service animals and public‑place access). Witnesses repeatedly recommended aligning state language with federal guidance to avoid funding and enforcement consequences.
