DIFFERENT CLASSIFICATIONS OF DOGS
Assistance Animals
Assistance Animals
Assistance Animals
Assistance animals may provide both services and emotional support., but they don't necessarily have to be a dog. It can work to provide assistance, perform tasks for the benefit of a person with a disability, or provide emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.
Service Dogs
Assistance Animals
Assistance Animals
Must be a dog trained to perform specific tasks related to an individual’s disability. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Therapy Dogs
Emotional Support Animals (ESA)
Emotional Support Animals (ESA)
Therapy dogs are trained to help a large group of people. They are only allowed in buildings that have specifically requested their presence, such as in schools, hospitals, nursing homes, and at natural disaster sights for comfort.
Emotional Support Animals (ESA)
Emotional Support Animals (ESA)
Emotional Support Animals (ESA)
Emotional Support Animals can be any animal that provides comfort and emotional support to someone with a documented psychological need. ESA are not required to have any specialized training, and are exempt from "NO PET" policies in housing units, but have no other special access out in public beyond where pets are allowed.
FEDERAL LAWS
What is considered a Service Animal
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act. Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the relevant State attorney general’s office.
The Americans with Disabilities Act of ----
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services.
The Fair Housing Act (FHAct, 42 U.S.C.A. 3601)
The federal Fair Housing Act requires that landlords make “reasonable accommodations” for tenants with disabilities. Allowing an animal can be such an accommodation (see the Fair Housing Amendments Act, 42 U.S.C. §§ 3601–3619.) State statutes may offer additional protections.
Where Service Animals are NOT allowed:
Establishments that sell or prepare food MUST allow service animals in public areas even if state or local health codes prohibit animals on the premises. Service dogs in training may have different rules than service dogs so checking with your local ADA office on service dog laws is recommended.
Places that are legally allowed to deny your Service Animal but rarely do:
- Churches and their public functions
- Religious Medical Facilities
- Private membership clubs do not have to comply with ADA regulations except when they open their facilities to the general public
STATE-Specific Laws that go beyond Federal Law
California
- Service dogs in training and their handlers have the same public access rights as fully trained service dogs as long as they are kept under control and are not posing a threat or health concern to the public.
Oregon
- Service dogs in training and their handlers have the same public access rights as fully trained service dogs as long as they are kept under control and are not posing a threat or health concern to the public.
All 50 States and Service Dog laws for Several Categories
REGULATIONS FOR TRAVELING WITH A SERVICE DOG
Flying with a Service Dog:
As of January 11, 2021 there are significant changes in airline regulations regarding service animals and Emotional Support Animals in the Air Carrier Access Act!
Airlines now require anyone wanting to fly with their service animal to fill out the U.S. Department of Transportation Service Animal Air Transportation Form (linked below) and submit it to each of the airlines they will be using no later than 48hrs before their flight. If they booked their flight within 48hrs of takeoff, then they must fill out the form and bring it to the gate with them for review. If the flight is longer than 8 hours, they must also fill out the Service Animal Relief Attestation Form. The U.S. Department of Transportation has also restricted the type of service animals accepted on planes to only dogs, and the service dog must be able to fit in the floor space directly in front of the individual's seat without spilling into floor space of other passengers. If an airlines deems the service dog's behavior as inappropriate or out of control, the airlines has the right to treat the animal as a pet, and hold it to the airline's pet policies.
Emotional Support Animals are no longer recognized by airlines and are both classified and treated as regular pets. Individuals with ESA must now pay the airline pet fee and keep their ESA in a carrier that can fit under the seat in front of them on the plane for the entire duration of the flight. If the animal is too large, the owner must transport them in a carrier that gets checked in baggage under the plane with a health certificate from a veterinarian.
NOTE: While these are the minimum that airline companies are required to accept onboard, some airlines are still allowing service dogs in training, miniature horse assistance animals, and ESA. Links are provided for each airlines outlining their service animal and ESA policies:
American Airlines: https://www.aa.com/i18n/travel-info/special-assistance/service-animals.jsp
Alaska Airlines: https://www.alaskaair.com/content/travel-info/accessible-services/specialservices-support-animals
*Accommodates service dogs in training and trainers, as well as puppy raisers
Allegiant Air: https://www.allegiantair.com/passengers-special-needs
*Accommodates service dogs in training and trainers on case-by-case basis
Delta: https://www.delta.com/us/en/accessible-travel-services/service-animals
Frontier: https://www.flyfrontier.com/travel/travel-info/special-services/?mobile=true
Hawaiian Airlines: https://hawaiianair.custhelp.com/app/answers/detail/a_id/682
JetBlue: (no updated information on their website yet)
Southwest: https://www.southwest.com/html/customer-service/traveling-with-animals/index-pol.html
Spirit: (no updated information on their website yet)
United: https://www.united.com/ual/en/us/fly/travel/special-needs/disabilities/assistance-animals.html
U.S. Department of Transportation Service Animal Air Transportation Form:
U.S. Department of Transportation Service Animal Relief Attestation Form *ONLY FOR 8+hr FLIGHTS
Hotels & AirBnB
Hotels cannot refuse service dog entry since the federal Fair Housing Act prohibits discrimination in rental housing accommodations against those who use service animals. For AirBnB, guests are allowed to be accompanied by service animals during a stay or Experience and are not required to disclose the presence of a service animal before booking. A Host may qualify for an exemption in certain circumstances — for instance, if the service animal directly threatens their health or safety.
Taxi, Cab, Bus, Train & Uber/Lift
Transportation services that are open to the general public may not discriminate against or charge additional fees for individuals with service dogs. Service dog teams do not need to disclose that they have a service dog with them ahead of time to be allowed admittance to use these transportation services.
Regulations for service dogs in medical buildings
Where Service Dogs are allowed:
Service dogs are to accompany the individual with a disability in all areas of the medical facility where health care personnel, visitors, and patients are normally allowed during inpatient services, unless the dog's presence or behavior creates a fundamental alteration in the nature of a facility's services in a particular area or a direct threat to other persons in a particular area.
Where Service Dogs aren't allowed:
service dogs re allowed anywhere visitors are allowed. Service dogs are not allowed in maternity wards, ICU, burn units, surgical rooms, or other areas where special footwear, masks, or specific and medically necessary precautions are taken for the safety of the individuals on that unit or in that area.
Handler Responsibilities in Medical Settings:
A service dog shall be under the control of its handler at all times. A service dog shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service dog’s safe, effective performance of work or tasks, in which case the service dog must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).
SERVICE DOGS IN THE WORK PLACE
Employer Accommodation Requirements:
Under the Americans with Disabilities Act, employers who have 15 or more employees are usually required to provide reasonable accommodations. Some state and local laws may require that employers with fewer employees provide reasonable accommodations. Accommodations are considered “reasonable” if they do not create an undue hardship or a direct threat.
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The ADA in Small Cities and Towns (May 17th, 2022)
2:00 PM EDT - 3:30 PM EDT
Online via Zoom Webinar Platform
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Healthcare Access for Patients with Cognitive Disabilities (August 16th, 2022)
2:00 PM EDT - 3:30 PM EDT
Online via Zoom Webinar Platform
https://adata.org/event/health-care-access-patients-cognitive-disabilities
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The ADA National Network provides technical assistance, training, and public awareness about the ADA. These activities often result in greater implementation of the ADA in cities and states across the country. The link below will take you to ADA success stories and how activities of the ADA National Network have resulted in greater access for people with disabilities.
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Displayed below is the link to FAQ from the ADA!
SERVICE DOGS IN HOUSING
Disability Rights California (Housing)
State and federal fair housing laws require the housing providers make reasonable accommodations for tenants and housing applicants who have disabilities.
Reasonable accommodations are exceptions to rules or policies that are necessary to allow people with disabilities an equal opportunity to use and enjoy their housing.
A reasonable accommodation request should be made in writing.
https://www.disabilityrightsca.org/publications/fact-sheet-rights-to-assistance-animals-in-housing
Requesting a Reasonable Accommodation:
You can request a reasonable accommodation in writing or orally through HUD.
U.S. Department of Housing and Urban Development-HUD
HUD: Reasonable Accommodations and Modifications:
HUD's information on Assistance Animals:
An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.
https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals
Obligations for Housing Providers (From HUD's Website):
Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions.
Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.
The Fair Housing Act requires a housing provider to allow a reasonable accommodation involving an assistance animal in situations that meet all the following conditions:
- A request was made to the housing provider by or for a person with a disability
- The request was supported by reliable disability-related information, if the disability and the disability-related need for the animal were not apparent and the housing provider requested such information, and
- The housing provider has not demonstrated that:
- Granting the request would impose an undue financial and administrative burden on the housing provider
- The request would fundamentally alter the essential nature of the housing provider’s operations
- The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
- The request would not result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage
When a landlord can deny a service animal in a housing unit:
Landlords can reject a tenant’s request to live with their service dog if they have a valid exemption. For example, if the landlord has determined that the tenant’s service dog poses a health or safety risk to others, they may properly deny accommodation if the risks can’t be mitigated.
Some smaller landlords are also exempt from Fair Housing requirements. The Fair Housing Act exempts owner-occupied buildings with no more than four units and single-family houses sold or rented by the owner without an agent.