                                 CODE OF VIRGINIA

RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE USE OF AN ASSISTANCE ANIMAL IN A
DWELLING (§ 36-96.3:1)

A. A person with a disability, or a person associated with such person, who
maintains an assistance animal in a dwelling shall comply with the rental
agreement or any rules and regulations of the property owner applicable to all
residents that do not interfere with an equal opportunity to use and enjoy the
dwelling and any common areas of the premises. Such person shall not be required
to pay a pet fee or deposit or any additional rent to maintain an assistance
animal in a dwelling, but shall be responsible for any physical damages to the
dwelling if residents who maintain pets are responsible for such damages in
accordance with such documents or state law. Nothing herein shall be construed
to affect any cause of action against any resident for other damages under the
laws of the Commonwealth.

B. If a person&#8217;s disability is obvious or otherwise known to the person
receiving a request, or if the need for a requested accommodation is readily
apparent or known to the person receiving a request, the person receiving a
request for reasonable accommodation may not request any additional verification
about the requester&#8217;s disability. If a person&#8217;s disability is
readily apparent or known to the person receiving the request but the
disability-related need is not readily apparent or known, the person receiving
the request may ask for additional verification to evaluate the
requester&#8217;s disability-related need.

C. A person with a disability, or a person associated with such person, may
submit a request for a reasonable accommodation to maintain an assistance animal
in a dwelling. Subject to subsection B, the person receiving the request may ask
the requester to provide reliable documentation of the disability and the
disability-related need for an assistance animal, including documentation from
any person with whom the person with a disability has or has had a therapeutic
relationship.

D. Subject to subsection B, a person receiving a request for a reasonable
accommodation to maintain an assistance animal in a dwelling shall evaluate the
request and any reliable supporting documentation that verifies the disability
and the disability-related need for the reasonable accommodation regarding an
assistance animal.

E. For purposes of this section, &#8220;therapeutic relationship&#8221; means
the provision of medical care, program care, or personal care services, in good
faith, to the person with a disability by (i) a mental health service provider
as defined in &#xA7; 54.1-2400.1; (ii) an individual or entity with a valid,
unrestricted state license, certification, or registration to serve persons with
disabilities; (iii) a person from a peer support or similar group that does not
charge service recipients a fee or impose any actual or implied financial
requirement and who has actual knowledge about the requester&#8217;s disability;
or (iv) a caregiver, reliable third party, or government entity with actual
knowledge of the requester&#8217;s disability.

F. No person listed in clauses (i) through (iv) of subsection E shall provide
fraudulent supporting documentation to evince the existence of a disability or
disability-related need for a person requesting a reasonable accommodation
pursuant to this section. A violation of this subsection constitutes a
prohibited practice under the provisions of &#xA7; 59.1-200 and shall be subject
to the provisions of the Virginia Consumer Protection Act (&#xA7; 59.1-196 et
seq.).

HISTORY: 2017, cc. 575, 729; 2023, c. 439.