Emotional support animal pro-landlord state law passed

[Joe Splitrock]

I was very happy to hear that the Governor of South Dakota just signed a new bill into law that makes it harder for tenants to claim fake emotional support animals. Thanks to the Multifamily Housing lobby here, we have some positive change. It is actually a modification to our state codified law 43-32 which governs rental property. I encourage others to send a link for the bill to your state representative and push for similar laws in your state. Here is what the law says:

- If the disability is not apparent, then the landlord can ask for written proof from a health care provider who must be licenced in the state. The health care provider cannot be licensed solely for the purpose of approving emotional support animals. In other words online certificate websites would be fraudulent proof.

- If a tenant does not provide provide such proof or uses fraudulent sources, the landlord has a right to evict the tenant and tenant may be fined up to $1000 in damages.

This state law provides better definition around who can prescribe emotional support animals, making it within a landlords right to request a licence for the health care provider. It also sends a message to health care providers that falsely claiming a disability to get around pet fees is fraudulent behavior. A tenant would now be violating state law, making it easier to pursue eviction.

http://www.sdlegislature.gov/Legislative_Session/B...