Is That Dog Allowed Here?

Often we will see people with animals in areas that are usually no animal zones, like grocery stores, schools, or in no-pet apartments.  It is easy to think that the animal doesn’t belong there. But before saying something you might regret, you need to know a couple of things about animals in public places and in housing.

Service animals are dogs trained to help people with disabilities. They can go most places with their handlers. They are protected by the Americans with Disabilities Act.

Emotional support animals are animals that comfort people with disabilities. They do not need training. They cannot go everywhere with their owners. They are protected by the Fair Housing Act.

Want to know more? Read on 

Service animals and emotional support animals are both types of assistance animals that can help people with disabilities. However, they have different definitions, functions, and legal protections.

 A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. The work or task must be directly related to the person’s disability. For example, a service animal may guide a person who is blind, alert a person who is deaf, pull a wheelchair, retrieve items, remind a person to take medication, or detect and respond to seizures. Service animals are not pets, but working animals that must be allowed to accompany their handlers in most places where the public can go. Service animals are covered by the Americans with Disabilities Act (ADA), which is a federal law that prohibits discrimination against people with disabilities in public accommodations, state and local government services, employment, transportation, and telecommunications.

An emotional support animal is an animal that provides comfort or emotional support to a person with a disability. The animal does not need to be trained to perform any specific tasks. For example, an emotional support animal may help a person with anxiety, depression, PTSD, or autism by providing companionship and affection. Emotional support animals are not service animals under the ADA and do not have the same rights of access as service animals. However, emotional support animals are covered by another federal law that provide protection for people with disabilities.

The FHA, commonly called Fair Housing, is a federal law that prohibits discrimination in housing. The FHA requires housing providers to make reasonable accommodations for people with disabilities. Reasonable accommodation may require a change in rules, policies, practices, or services to afford a person with a disability the equal opportunity to use and enjoy a dwelling. One type of reasonable accommodation is allowing a person with a disability to live with an emotional support animal in a housing unit that has a no-pets policy. Pet deposits and pet rent cannot be charged for support animals.