Emotional support animals.--

     (1)  Every homeowner or renter in this state shall have the

right to have an Emotional Support Animal and to have such animal live

with them in their home if such assistive animal is deemed

helpful to the person's psychological well-being as

attested to by a qualified health care professional.  Coverage

includes both primary emotional conditions or secondary emotional

side-effects due to physical illness.

     (2)  Any municipal or county code or ordinance, or any

purported rule, declaration, by-law or other form of restriction

contrary to the right provided in subsection (1) contained in

any governing document of any condominium, cooperative, mobile

home park, homeowner, or any other common interest ownership

community association shall be deemed unconscionable, and thus

unenforceable, invalid and of no legal effect.

     (3)  An animal does not require specialized training or

skill in assisting its owner with a specific diagnosed disability

to be classified as an Emotional Support Animal pursuant to

this section. The animal can be a cat, dog, ferret, bird, gerbil,

or any other commonly accepted domesticated animal.

Animals that weigh more than 25 pounds should have

certification of good behavior and disposition from an 

animal expert.

     (4) Animal experts include veterinarians, animal shelter

personnel who evaluate animals for placement, Delta

Society evaluators, or animal trainers.

     (5)  Qualified health professionals include any physician

or advanced registered nurse practitioner who is licensed in

this state to prescribe medications for emotional or mental

conditions, or any mental health worker, mental health

counselor, psychologist, or social worker, who is licensed in

this state to practice counseling therapy. The letter must say

that the animal is necessary to ameliorate and help with life

functions for a condition covered under DSM4 or ICD9. The

letter does not have to give details of the nature of the unit

owner's disorder, in order not to invade the patient's privacy

per the Health Insurance Portability and Accountability Act.

Where the primary residence of the owner is in another state,

the qualified health care professional is defined as a qualified

health care professional licensed in their home state.

       (6)     Potential owners or tenants who need an assistive

animal pursuant to this statute shall not be denied admittance

due to this health requirement.

      (7)     Once a person qualifies for an emotional support animal,

the person does not need to re-qualify for a replacement animal.

       (8)  If it becomes necessary for an owner or renter in any

condominium, cooperative, mobile home park, homeowner or

any other common interest ownership association to enforce this

section in court against an association which has threatened to

limit his or her right to own and reside with a companion animal

either orally or in writing, the homeowner shall be entitled to

recover his or her reasonable costs and attorney's fees if the

homeowner is the prevailing party. This attorney's fee provision

is not reciprocal.

Section ??.  This act shall take effect July 1, 2009.