Q&A: HB2068 Assistance Animal - Legally Speaking

Legally Speaking Q&A: HB2068 Assistance Animal 

By Mark Zinman | Zona Law

Question: We have a resident who has a Pitbull that he claims is an assistance animal and allowed under the FHA. Is there anything we can do to protect ourselves if the animal bites someone else? 

Answer: While this is a short question, the answer definitely is not short. If a person provides documentation to demonstrate the need for an assistance animal, you must allow it even if it’s a restrictive breed. Further, you cannot require additional insurance for the animal. However, if the dog demonstrates aggressive behavior, you may be allowed to remove it. There is no bright line rule on this, however, which has led to owners getting sued for dog bites by assistance animals. This year there is a bill in the Arizona legislature, HB2068, which would protect property owners from lawsuits relating to assistance animals in their units. While the dog owner is still liable for any damage caused by the animal, the bill would provide protection for the property owner that is required to allow the animal under the FHA. If you have a lawsuit relating to this issue, please let AZREIA know, as you may be able to help in the legislative process.