{"data":{"id":"us-ky/krs-383.085","jurisdiction":"us-ky","citation":"KRS 383.085","heading":"Assistance animals -- Reasonable accommodations in dwellings --","body":"Limitation of liability -- Penalty for misrepresentation of an assistance animal.\n(1) As used in this section:\n(a) \"Assistance animal\" means an animal that works, provides assist ance, or\nperforms tasks for the benefit of a person with a disability, or provides\nemotional support that alleviates one or more identified symptoms or effects\nof a person's disability. This shall include a service animal specifically trained\nor equipped t o perform tasks for a person with a disability, or an emotional\nsupport animal that provides support to alleviate one or more identified\nsymptoms or effects of a person's disability; and\n(b) \"Therapeutic relationship\" means the provision of care, in good f aith, to the\nperson with a disability by:\n1. A licensed clinical social worker who holds a valid, unrestricted state\nlicense under KRS 335.100 and who maintains an active practice within\nthe state;\n2. A professional counselor who holds a valid, unrestricte d state license\nunder KRS 335.525 and who maintains an active practice within the\nstate;\n3. An advanced practice registered nurse who holds a valid, unrestricted\nstate license under KRS 314.042 and who maintains an active practice\nwithin the state;\n4. A psychologist who holds a valid, unrestricted state license under KRS\n319.050 or 319.053 and who maintains an active practice within the\nstate; or\n5. A physician who holds a valid, unrestricted state license under KRS\n311.571 and who maintains an active practice within the state.\nAn individual who moves from another state may provide documentation\nfrom a health -services provider who is licensed in that state, so long as the\nperson with a disability has an ongoing therapeutic relationship with the\nprovider. This definition shall not include a health -care provider described in\nthis paragraph whose primary service is to provide documentation to a person\nrequesting a reasonable accommodation in exchange for a fee.\n(2) A person with a disability may submit a reques t for a reasonable accommodation to\nmaintain an assistance animal in a dwelling. Unless the person's disability or\ndisability-related need is readily apparent, the person receiving the request may ask\nthe person making the request to provide reliable docum entation of the disability -\nrelated need for an assistance animal, including documentation from any person\nwith whom the person making the request has or has had a therapeutic relationship.\n(3) Unless the person making the request has a disability or disabi lity-related need for\nan assistance animal that is readily apparent, a person receiving a request for a\nreasonable accommodation to maintain an assistance animal in a dwelling shall\nevaluate the request and any reliable supporting documentation to verify t he\ndisability-related need for the reasonable accommodation regarding an assistance\nanimal. The person receiving the request may independently verify the authenticity\nof any supporting documentation.\n(4) A person with a disability who is granted a reasonab le accommodation to maintain\nan assistance animal in a dwelling shall comply with the rental agreement or any\nrules and regulations of the property owner applicable to all residents that do not\ninterfere with an equal opportunity to use and enjoy the dwell ing and any common\nareas of the premises. The person shall not be required to pay a pet fee or deposit or\nany additional rent to maintain an assistance animal in a dwelling, but shall be\nresponsible for any physical damages to the dwelling if residents who  maintain pets\nare responsible for physical damages to the dwelling caused by pets. Nothing in this\nsection shall be construed to affect any cause of action against any resident for other\ndamages under the laws of the Commonwealth.\n(5) Notwithstanding any other law to the contrary, a landlord shall not be liable for\ninjuries by a person's assistance animal permitted on the landlord's property as a\nreasonable accommodation to assist the person with a disability pursuant to the Fair\nHousing Act, as  amended, 42 U.S.C. secs. 3601 et seq., the Americans with\nDisabilities Act of 1990, 42 U.S.C. secs. 12101 et seq., and Section 504 of the\nRehabilitation Act of 1973, as amended, 29 U.S.C. sec. 701, or any other federal,\nstate, or local law.\n(6) A person c ommits the offense of misrepresentation of an assistance animal if the\nperson knowingly:\n(a) Misrepresents as a part of a request for a reasonable accommodation to\nmaintain an assistance animal in a dwelling that the person has a disability or\ndisability-related need for the use of an assistance animal;\n(b) Makes materially false statements for the purpose of obtaining documentation\nfor the use of an assistance animal in housing;\n(c) Provides a document to another falsely stating that an animal is an assist ance\nanimal for use in housing;\n(d) Fits an animal, which is not an assistance animal, with a harness, collar, vest,\nor sign that the pet is an assistance animal for use in housing;\n(e) Engages in fraud, deceit, or dishonesty in providing documentation to a person\nas a part of a request for the use of an assistance animal in housing; or\n(f) Provides documentation as a part of a request for an assistance animal in\nhousing to a person for the primary purpose of obtaining a fee.\n(7) Misrepresentation of an ass istance animal is a violation with a fine of up to one\nthousand dollars ($1,000).","path":["KRS Chapter 383"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49072","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:13Z","sha256":"92a56f2638c6edf0867a5d4929aa1317758492e3961a6cb6360802033619f845","source_id":"us-ky","stale":false,"prev":"us-ky/krs-383.080","next":"us-ky/krs-383.090"},"notice":"GroundRules: Original legal text. Not legal advice."}