HOUSE OF REPRESENTATIVES

H.C.R. NO.

157

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

urging the United States Congress to examine the Fair Housing Amendments Act as it relates to emotional support or comfort animals and to take any actions necessary to prevent abuses thereof.

 

 

 


     WHEREAS, under the Fair Housing Amendments Act of 1988, it is unlawful to refuse to "make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling"; and

 

     WHEREAS, an emotional support or comfort animal is a companion animal that provides therapeutic benefit to an individual with mental or psychiatric disability; and

 

     WHEREAS, emotional support or comfort animals are permitted in public housing under the protections of the Fair Housing Amendments Act; and

 

     WHEREAS, housing providers may not request an applicant or tenant to provide medical records, but may request a letter from a primary care physician, social worker, psychiatrist, or other mental health professional stating that the animal provides assistance or benefit directly related to an emotional support or comfort disability of the applicant or tenant; and

 

     WHEREAS, there is growing concern from landlords that residents are eluding rental and condominium rules against pets by claiming that an animal is an emotional support or comfort animal, thereby preventing the landlord from denying the animal; and

 

     WHEREAS, there is concern that persons are convincing medical doctors to issue documentation that an animal is an emotional support or comfort animal when there may not be a legitimate need for the animal; and

 

     WHEREAS, persons who circumvent no-pet rental policies by misrepresenting their animal as an emotional support or comfort animal harm persons who truly need an emotional support or comfort animal; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, that the United States Congress is urged to examine the Fair Housing Amendments Act as it relates to emotional support or comfort animals and to take any actions necessary to prevent abuses thereof; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and the members of Hawaii's congressional delegation.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Emotional Support or Comfort Animals; Housing; Congress