West's Tennessee Code Annotated. Title 39. Criminal Offenses. Chapter 14. Offenses Against Property. Part 2. Animals.
§ 39-14-208 . Injury to and value of guide dogs
§ 39-14-212 . Aggravated cruelty to animals; definitions; penalties
§ 39-14-216 . Service animals; offenses; restitution
West's Tennessee Code Annotated. Title 39. Criminal Offenses. Chapter 16. Offenses Against Administration of Government. Part 3. False Personation.
§ 39-16-304. Misrepresentation concerning service or support animal (Unofficial classification editorially supplied by West).
West's Tennessee Code Annotated. Title 44. Animals and Animal Husbandry. Chapter 17. Dogs and Cats. Part 4. Miscellaneous Provisions
§ 44-17-403 . Liability for death of pet; damages; exemptions
§ 44-17-404 . Death of or injury to guide dogs
West's Tennessee Code Annotated. Title 55. Motor and Other Vehicles. Chapter 8. Operation of Vehicles--Rules of the Road. Part 1. Operation of Vehicles--Rules of the Road
§ 55-8-180 . Blind persons
Title 62. Professions, Businesses and Trades. Chapter 7. Hotels and Places of Public Accommodation.
§ 62-7-112 . Guide dogs; admission
West's Tennessee Code Annotated. Title 66. Property. Chapter 7. Leases.
§ 66-7-104 . Physically disabled persons; housing access
§ 66-7-106 . Blind persons
§ 66-7-111. Tenant requests relating to service or support animals; supporting documentation; liability for misrepresentation
West's Tennessee Code Annotated. Title 66. Property. Chapter 28. Uniform Residential Landlord and Tenant Act. Part 5. Enforcement and Remedies
§ 66-28-406. Tenant requests relating to service or support animals; supporting documentation; liability for misrepresentation
§ 66-28-505. Tenant noncompliance
West's Tennessee Code Annotated. Title 39. Criminal Offenses. Chapter 14. Offenses Against Property. Part 2. Animals.
Title 39. Criminal Offenses. Chapter 14. Offenses Against Property. Part 2. Animals.
§ 39-14-208. Injury to and value of guide dogs
A person who intentionally or knowingly unlawfully injures the guide dog of another and, thereby, permanently deprives the owner of the use of the guide dog's services commits theft of that animal and shall be punished under § 39-14-105. In determining the value of the guide dog for purposes of § 39-14-105, the court shall consider the value of the guide dog as both the cost of the dog as well as the cost of any specialized training the guide dog received.
CREDIT(S)
2004 Pub.Acts, c. 957, § 2, eff. June 15, 2004.
§ 39-14-212. Aggravated cruelty to animals; definitions; penalties
(a) A person commits aggravated cruelty to animals when, with no justifiable purpose, the person intentionally or knowingly:
(1) Kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury, a substantial risk of death, or death to a companion animal; or
(2) Fails to provide food or water to the companion animal resulting in a substantial risk of death or death.
(b) For purposes of this section:
(1) Deleted by 2021 Pub.Acts, c. 580, § 2, eff. July 1, 2021.
(2) “Companion animal” means any non-livestock animal as defined in § 39-14-201;
(3) “Elderly” means any person sixty-five (65) years of age or older; and
(4) “Minor” means any person under eighteen (18) years of age.
(c) Subsection (a) is not to be construed to prohibit or interfere with the following endeavors:
(1) Dispatching an animal in any manner absent of aggravated cruelty;
(2) Engaging in lawful hunting, trapping, or fishing activities, including activities commonly associated with the hunting of small game as defined in § 70-1-101(a);
(3) Dispatching rabid or diseased animals;
(4) Dispatching animals posing a clear and immediate threat to human safety;
(5) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution;
(6) Performing accepted veterinary medical practices or treatments;
(7) Dispatching animals in accordance with § 44-17-403(e);
(8) Engaging, with the consent of the owner of a farm animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal;
(9) Dispatching wild or abandoned animals on a farm or residential real property; or
(10) Applying methods and equipment used to train animals.
(d) Aggravated cruelty to animals is a Class E felony.
(e) In addition to the penalty imposed by subsection (d), the sentencing court shall order the defendant to surrender custody and forfeit all companion animals as defined in subdivision (b)(2), and may award custody of the animals to the agency presenting the case. Notwithstanding § 40-35-111, the court shall prohibit the defendant from having custody of companion animals for at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court may also impose any other reasonable restrictions on the person's custody of other animals as is necessary for the protection of the animals. The court shall prohibit any person convicted of a second or subsequent offense under this section from having custody of any companion animal for the person's lifetime.
(f) In addition to the penalty imposed by subsection (d), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program with an appropriate agency.
(g) If a defendant convicted of a violation of this section resides in a household with minor children or elderly individuals, the court may, within fifteen (15) days, send notification of the conviction to the appropriate protective agencies.
(h) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case.
(i)(1) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the owner of the animal for damages.
(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(j)(1) If a juvenile is found to be within the court's jurisdiction, for conduct that, if committed by an adult, would be a criminal violation involving cruelty to animals or would be a criminal violation involving arson, then the court may order that the juvenile be evaluated to determine the need for psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate for that juvenile, then the court may order that treatment.
(2)(A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent for conduct involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a domesticated dog or cat, then the court shall order that the child adjudicated delinquent receive a psychiatric or psychological evaluation and any recommended counseling and treatment.
(B) The court shall order that the cost of any evaluation, counseling, and treatment required under subdivision (j)(2)(A) be paid in accordance with § 37-1-150.
(C) If the court finds a parent or guardian to be in contempt of court for failure to comply with a court order issued under this subdivision (j)(2), then the court is authorized to punish the parent or guardian pursuant to § 37-1-158.
(k) This section does not preclude the court from entering any other order of disposition allowed under this chapter.
(l) This section is not to be construed to change, modify, or amend any provision of title 70, involving fish and wildlife.
(m) This section does not apply to activities or conduct that are prohibited by § 39-14-203.
(n) This section does not apply to equine animals or to animals defined as livestock by § 39-14-201.
Credits
2002 Pub.Acts, c. 858, §§ 1, 2; 2004 Pub.Acts, c. 920, § 1, eff. July 1, 2004; 2004 Pub.Acts, c. 940, § 5, eff. June 15, 2004; 2004 Pub.Acts, c. 957, § 4, eff. June 15, 2004; 2020 Pub.Acts, c. 570, § 2, eff. July 1, 2020; 2021 Pub.Acts, c. 580, §§ 1, 2, eff. July 1, 2021; 2023 Pub.Acts, c. 334, § 1, eff. July 1, 2023.
§ 39-14-216. Service animals; offenses; restitution
(a)(1) As used in this section, “service animal” means:
(A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
(B) Any police dog, fire dog, search and rescue dog, or police horse.
(2) Other species of animals not specified in this subsection, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.
(3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or tasks performed by the service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of the animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of subdivision (a)(1)(A).
(b) It is an offense to knowingly:
(1) Maim or otherwise inflict harm upon a service animal;
(2) Attempt to maim or otherwise inflict harm upon a service animal; or
(3) Permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
(c) It is an offense to recklessly maim or otherwise inflict harm upon a service animal or permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
(d) It is an offense to knowingly interfere with a service animal in the performance of its duties, or permit an animal that the person owns or is in control of to interfere with a service animal in the performance of its duties.
(e)(1) A violation of subsection (b) or (c) is a Class A misdemeanor.
(2) A violation of subsection (d) is a Class C misdemeanor.
(f)(1) In addition to any other penalty provided by this section, a person convicted of a violation of subsection (b), (c) or (d) shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's handler or the recognized training agency or school.
(2) Restitution, for purposes of this section, includes:
(A) The value of the service animal if the animal is disabled or can no longer perform service animal duties;
(B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities;
(C) Veterinary and other medical and boarding expenses for the service animal;
(D) Medical expenses for the handler; and
(E) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.
(g) If the violation of this section involves a guide dog and the offense results in injury to the dog that permanently deprives the owner of the use of the guide dog's services, nothing in this section shall preclude prosecution and conviction for such conduct under § 39-14-208.
CREDIT(S)
2012 Pub.Acts, c. 910, § 1, eff. July 1, 2012.
Title 39. Criminal Offenses. Chapter 16. Offenses Against Administration of Government. Part 3. False Personation.
§ 39-16-304. Misrepresentation concerning service or support animal
(a) As used in this section, “service animal” and “support animal” have the same meanings as the terms are defined in § 66-7-111(a).
(b) A person commits the offense of misrepresentation of a service animal or support animal who knowingly:
(1) Fraudulently represents, as a part of a request to maintain a service animal or support animal in residential rental property under § 66-7-111 or § 66-28-406, that the person has a disability or disability-related need for the use of a service animal or support animal;
(2) Provides documentation to a landlord under § 66-7-111(c) or § 66-28-406(c) that falsely states an animal is a service animal or support animal; or
(3) Fraudulently represents or provides documentation that falsely states that an animal is a service animal or service animal in training to an employee of a public accommodation.
(c) Misrepresentation of a service animal or support animal is a Class B misdemeanor. In addition to the penalty provided under this subsection (c), a person who commits the offense of misrepresentation of a service animal shall perform one hundred (100) hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed within six (6) months of an order issued by the court.
Credits
2019 Pub.Acts, c. 236, § 1, eff. July 1, 2019; 2023 Pub.Acts, c. 194, §§ 2, 3, eff. July 1, 2023.
West's Tennessee Code Annotated. Title 44. Animals and Animal Husbandry. Chapter 17. Dogs and Cats. Part 4. Miscellaneous Provisions
§ 44-17-403. Liability for death of pet; damages; exemptions
(a)(1) If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.
(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(b) As used in this section, “pet” means any domesticated dog or cat normally maintained in or near the household of its owner.
(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
CREDIT(S)
2000 Pub.Acts, c. 762, § 1; 2004 Pub.Acts, c. 940, § 4, eff. June 15, 2004; 2004 Pub.Acts, c. 957, §§ 5 to 7, eff. June 15, 2004.
§ 44-17-404. Death of or injury to guide dogs
If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages, which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
CREDIT(S)
2004 Pub.Acts, c. 957, § 3, eff. June 15, 2004.
West's Tennessee Code Annotated. Title 55. Motor and Other Vehicles. Chapter 8. Operation of Vehicles--Rules of the Road. Part 1. Operation of Vehicles--Rules of the Road
(a) Whenever any pedestrian guided by a guide dog or dog on a blaze orange leash, or carrying in any raised or extended position a cane or similar stick white in color or white tipped with red, shall undertake to cross any public street or thoroughfare in this state, the driver of each and every vehicle approaching that pedestrian carrying the cane or stick or conducted by such dog shall bring such vehicle to a complete stop and before proceeding shall take all precautions necessary to avoid injuring the pedestrian; provided, that nothing in this section shall be construed as making any person totally or partially blind or otherwise incapacitated guilty of contributory negligence in undertaking to cross any street or thoroughfare without being guided by a trained dog or carrying a cane or stick of the type specified in subsection (a).
(b) A violation of this section is a Class C misdemeanor.
CREDIT(S)
1951 Pub.Acts, c. 72, § 2; 1980 Pub.Acts, c. 488, § 2; 1989 Pub.Acts, c. 591, § 113.
Title 62. Professions, Businesses and Trades. Chapter 7. Hotels and Places of Public Accommodation.
§ 62-7-112. Guide dogs; admission
(a) As used in this section:
(1) “Dog guide in training”:
(A) Means a dog being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
(B) Includes a dog in the socialization process that occurs with the dog's training or raiser prior to the dog's advanced training and that is authorized by an accredited school; and
(2) “Place of public accommodation, amusement, or recreation”:
(A) Means a place, store, or other establishment, either licensed or unlicensed, that supplies goods or services to the general public, or solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, except that:
(i) A bona fide private club is not a place of public accommodation, resort, or amusement if its policies are determined solely by its members; and
(ii) Its facilities or services are available only to its members and their bona fide guests; and
(B) Includes an inn, hotel, restaurant, eating house, barber shop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public education institution, or elevator.
(b)(1) A proprietor, employee, or other person in charge of a place of public accommodation, amusement, or recreation shall not refuse to permit a blind, physically disabled, or deaf or hard-of-hearing person to enter the place of public accommodation, amusement, or recreation or to make use of the accommodations provided by the public accommodation when the accommodations are available, for the reason that the blind, physically disabled, or deaf or hard-of-hearing person is being led or accompanied by a dog guide.
(2) A dog guide must be under the control of its handler.
(3) A place of public accommodation, amusement, or recreation shall not require documentation regarding the dog guide, such as proof that the guide dog has been certified, trained, or licensed as a dog guide.
(c) A proprietor, employee, or other person in charge of a place of public accommodation, amusement, or recreation:
(1) Shall not refuse to permit a dog guide trainer to enter the place of public accommodation, amusement, or recreation or to make use of the accommodations provided by the public accommodation when the accommodations are available, for the reason that the dog guide trainer is being led or accompanied by a dog guide in training; provided, that:
(A) The dog guide in training, when led or accompanied by a dog guide trainer:
(i) Wears a harness and is held on a leash by the dog guide trainer; or
(ii) Is held on a leash by the dog guide trainer; and
(B) The dog guide trainer presents for inspection credentials issued by an accredited school for training dog guides; and
(2) May ask what task the dog guide in training is being trained to perform, and if the trainer is currently engaged in the training of the dog guide.
(d) A person who utilizes a guide dog for tasks related to the person's disability or a trainer working with a dog guide in training is subject to the same liability for damages caused by the dog guide or dog guide in training as would be applied by the place of public accommodation, amusement, or recreation to a person whose pet causes damages to the place of public accommodation, amusement, or recreation.
(e) A place of public accommodation, amusement, or recreation is not required to provide care or food, or a special location, for a dog guide or dog guide in training.
(f) A place of public accommodation, amusement, or recreation may ask a person to remove a dog guide or dog guide in training from the premises if:
(1) The dog guide or dog guide in training is out of control and its handler does not take effective action to control it; or
(2) The dog guide or dog guide in training is not housebroken.
(g) A violation of this section is a Class C misdemeanor.
Credits
1955 Pub.Acts, c. 1, §§ 1, 2; 1980 Pub.Acts, c. 488, § 3; 1982 Pub.Acts, c. 748, § 1; 1984 Pub.Acts, c. 612, § 1; 1989 Pub.Acts, c. 591, § 113; 1996 Pub.Acts, c. 668, § 1, eff. March 22, 1996; 2001 Pub.Acts, c. 174, § 13, eff. July 1, 2001; 2003 Pub.Acts, c. 123, § 1, eff. May 13, 2003; 2013 Pub.Acts, c. 69, § 1, eff. July 1, 2013; 2023 Pub.Acts, c. 194, § 1, eff. July 1, 2023.
West's Tennessee Code Annotated. Title 66. Property. Chapter 7. Leases.
§ 66-7-104. Physically disabled persons; housing access
(a) Totally or partially blind persons and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease or compensation in this state, subject to the conditions and limitations established by law and applicable to all persons.
(b) “Housing accommodations” means any real property or portion thereof which is used to occupy or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one (1) or more human beings, but does not include any single family residence, the occupants of which rent, lease or furnish for compensation not more than one (1) room in the residence.
(c)(1) Nothing in this section shall require any person renting, leasing, or providing for compensation any real property to modify such property in any way or manner or to provide a higher degree of care for a totally blind or partially blind person or other physically disabled person than for a person who is not blind or disabled.
(2)(A) Notwithstanding subdivision (c)(1), any person renting, leasing, or providing for compensation any real property that is three (3) or more stories tall shall give priority in access to housing units on floors one (1) and two (2) of such property to physically disabled persons whose disability would prevent such persons from having reasonable access to units located on higher floors; provided, that the person shall not be required to seek out physically disabled occupants or forego occupancy of the unit for any period of time if a physically disabled occupant is not available. Nothing in this subdivision (c)(2) shall prevent the lessor from using or applying other factors in determining whether or not to rent to a disabled person.
(B) A violation of subdivision (c)(2)(A) is a Class C misdemeanor punishable only by a fine not to exceed fifty dollars ($50.00).
(d) Every totally blind or partially blind person who has a guide dog, or who obtains a guide dog, shall be entitled to full and equal access to all housing accommodations included within subsection (a) or any accommodations provided for in §§ 71-4-201, 71-4-202 and this section, and such person shall not be required to pay extra compensation for such guide dog, but shall be liable for any damages done to the premises by such animal.
CREDIT(S)
1972 Pub.Acts, c. 480, § 3; 2005 Pub.Acts, c. 215, § 1, eff. May 27, 2005.
(a) Any legally blind person in this state whose loss of sight necessitates a guide dog for mobility purposes, which has been obtained from a recognized school of training for such purposes, may not be denied the right to lease an apartment or other types of dwellings as a consequence of having a guide dog.
(b) Because the guide dog is essential to the mobility of its master, no deposit may be required to be paid, with respect to the dog, by the legally blind person to the owner, manager, landlord or agent of any such attendance.
(c) No restrictions may be imposed upon the legally blind person regarding the whereabouts of the animal so long as its master is in attendance.
(d) Any owner, manager, landlord or agent who refuses to lease living space to any legally blind person because of a guide dog, or violates a provision of this section, commits a Class C misdemeanor.
CREDIT(S)
1982 Pub.Acts, c. 951, § 1; 1989 Pub.Acts, c. 591, § 113.
§ 66-7-111. Tenant requests relating to service or support animals; supporting documentation; liability for misrepresentation
(a) As used in this section:
(1) “Disability” means:
(A) A physical or mental impairment that substantially limits one (1) or more major life activities;
(B) A record of an impairment described in subdivision (a)(1)(A); or
(C) Being regarded as having an impairment described in subdivision (a)(1)(A);
(2) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition;
(3) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession;
(4) “Reliable documentation” means written documentation provided by:
(A) A healthcare provider with actual knowledge of an individual's disability;
(B) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or
(C) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability;
(5) “Service animal” means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and
(6) “Support animal” means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability.
(b) A tenant or prospective tenant with a disability who requires the use of a service animal or support animal may request an exception to a landlord's policy that prohibits or limits animals or pets on the premises or that requires any payment by a tenant to have an animal or pet on the premises.
(c) A landlord who receives a request made under subsection (b) from a tenant or prospective tenant may ask that the individual, whose disability is not readily apparent or known to the landlord, submit reliable documentation of a disability and the disability-related need for a service animal or support animal. If the disability is readily apparent or known but the disability-related need for the service animal or support animal is not, then the landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal or support animal.
(d) A landlord who receives reliable documentation under subsection (c) may verify the reliable documentation. However, nothing in this subsection (d) authorizes a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant's or prospective tenant's disability.
(e) A landlord may deny a request made under subsection (b) if a tenant or prospective tenant fails to provide accurate, reliable documentation that meets the requirements of subsection (c), after the landlord requests the reliable documentation.
(f)(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant:
(A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or
(B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal.
(2) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a person's service animal or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended, (42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 701); or any other federal, state, or local law.
(h) Only to the extent it conflicts with federal or state law, this section does not apply to public housing units owned by a governmental entity.
Credits
2019 Pub.Acts, c. 236, § 3, eff. July 1, 2019.
West's Tennessee Code Annotated. Title 66. Property. Chapter 28. Uniform Residential Landlord and Tenant Act. Part 5. Enforcement and Remedies
§ 66-28-406. Tenant requests relating to service or support animals; supporting documentation; liability for misrepresentation
(a) As used in this section:
(1) “Disability” means:
(A) A physical or mental impairment that substantially limits one (1) or more major life activities;
(B) A record of an impairment described in subdivision (a)(1)(A); or
(C) Being regarded as having an impairment described in subdivision (a)(1)(A);
(2) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition;
(3) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession;
(4) “Reliable documentation” means written documentation provided by:
(A) A healthcare provider with actual knowledge of an individual's disability;
(B) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or
(C) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability;
(5) “Service animal” means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and
(6) “Support animal” means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability.
(b) A tenant or prospective tenant with a disability who requires the use of a service animal or support animal may request an exception to a landlord's policy that prohibits or limits animals or pets on the premises or that requires any payment by a tenant to have an animal or pet on the premises.
(c) A landlord who receives a request made under subsection (b) from a tenant or prospective tenant may ask that the individual, whose disability is not readily apparent or known to the landlord, submit reliable documentation of a disability and the disability-related need for a service animal or support animal.
If the disability is readily apparent or known but the disability-related need for the service animal or support animal is not, then the landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal or support animal.
(d) A landlord who receives reliable documentation under subsection (c) may verify the reliable documentation. However, nothing in this subsection (d) authorizes a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant's or prospective tenant's disability.
(e) A landlord may deny a request made under subsection (b) if a tenant or prospective tenant fails to provide accurate, reliable documentation that meets the requirements of subsection (c), after the landlord requests the reliable documentation.
(f)(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant:
(A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or
(B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal.
(2) In the event of any violation of subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a person's service animal or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended, (42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 701); or any other federal, state, or local law.
(h) Only to the extent it conflicts with federal or state law, this section does not apply to public housing units owned by a governmental entity.
Credits
2019 Pub.Acts, c. 236, § 5, eff. July 1, 2019.
§ 66-28-505. Tenant noncompliance (see subsection (f))
(a)(1) Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall terminate as provided in subdivisions (a)(2) or (a)(3).
(2) If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate, subject to the following:
(A) All repairs to be made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord prior to such repairs being made; provided, however, that the notice sent pursuant to this subdivision (a)(2) shall inform the tenant that prior written authorization must be given by the landlord to the tenant pursuant to this subdivision (a)(2)(A); and
(B) If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days' written notice specifying the breach and the date of termination of the rental agreement.
(3) If the breach for which notice was given in subdivision (a)(1) is not remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that the rental agreement shall terminate upon a date not less than fourteen (14) days after receipt of the notice.
(4) Nothing in subdivision (a)(2) or (a)(3) shall be construed as requiring a landlord to provide additional notice to the tenant other than the notice required by this section.
(b) Notwithstanding subsection (a), if the tenant waives any notice required by this section, the landlord may proceed to file a detainer warrant immediately upon breach of the agreement for failure to pay rent without the landlord providing notice of such breach to the tenant; provided, however, that this subsection (b) shall not reduce the tenant's grace period as provided in § 66-28-201. The tenant's waiver pursuant to this subsection (b) shall be set out in twelve (12) point bold font or larger in the rental agreement.
(c) Notwithstanding notice of a breach or the filing of a detainer warrant pursuant to this section, the rental agreement is enforceable by the landlord for the collection of rent for the remaining term of the rental agreement.
(d) Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 66-28-401. The landlord may recover reasonable attorney's fees for breach of contract and nonpayment of rent as provided in the rental agreement.
(e) The landlord may recover punitive damages from the tenant for willful destruction of property caused by the tenant or by any other person on the premises with the tenant's consent.
(f)(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant:
(A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or
(B) Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal.
(2) As used in this subsection (f), “service animal” and “support animal” have the same meanings as the terms are defined in § 66-28-406(a).
(3) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(4) Only to the extent it conflicts with federal or state law, this subsection (f) does not apply to public housing units owned by a governmental entity.
Credits
1975 Pub.Acts, c. 245, § 4.201; 2011 Pub.Acts, c. 272, § 11, eff. Oct. 1, 2011; 2014 Pub.Acts, c. 593, §§ 1 to 3, eff. March 28, 2014; 2018 Pub.Acts, c. 960, § 2, eff. July 1, 2018; 2019 Pub.Acts, c. 236, § 4, eff. July 1, 2019.