Likely yes. If a purse dog isn’t trained to preform tasks to accommodate the disability, it isn’t a service dog. Pysch dogs don’t have the same rights. Before doing so, the landlord would well have their lawyer check the recently revised law.
In this case, it’s a seizure alert dog for my epilepsy.
You should be good to go. And your medical conditions are private. I am not sure how much you would need to tell the landlord.
So when the landlord asks me what service the dog is fulfilling, what do I tell him?
Does this mean that a paralytic person is not allowed to have a trained monkey to help him with tasks like picking up things from the floor and other stuff and what would the logic be in that?
That is correct. New changes to ADA went into effect a week ago and the only animal that qualifies as a service animal is a trained dog, with one exception.
(Bolding mine.) Redirecting…
DOJ acknowledges that selected trained miniature horses also qualify as service animals:
Ibid.
No other animals can qualify as service animals under ADA. What may be missed here are several significant updates since the law was originally enacted in 1990:
[ul]
[li] A disabled person may now be questioned as to the authenticity of their “service animal.” Prior to this change no one could inquire asking if their dog was a service animal. "(6) Inquiries. A public accommodation shall not ask about the nature or extent of a person´s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person´s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). "[/li][li]“Emo dogs” (my words) no longer may be considered as “service animals.” In other words, those dogs you often see in shopping baskets and purses as companion dogs or for emotional support, are not service animals. I’ve spoken with several trainers of service animals and all agree that there are only a few dog breeds that can be trained as service animals. Those little yap yap purse dogs are not the breeds that are trained as service animals. DOJ was sensitive to this issue for years and made an effort to address this loophole in the upgraded law.[/li][/ul]
Trained monkeys are not service animals under the law, even if they perform a service to a disabled individual similar to dogs as defined in the law.
Nitpick: The law doesn’t say “that a paralytic person is not allowed to have a trained monkey,” but instead that a business doesn’t have to accommodate a person with a trained monkey. So you can have your trained monkey in your house, but I don’t have to allow it in my store, restaurant or hotel.
As for this question, have you spoken with the agency or organization that trained the dog and placed him with you? I’ll bet that they’re familiar with the challenges that owners have with businesses and can advise you what you need to say to the prospective landlord and any businesses that challenge the presence of the dog. They may have a card or letter that you can carry that explains the dog’s role and the obligations of the business under the ADA.
Yes, but the letter that explains the dog’s role also explains my condition.
While the law is the law, aren’t there plenty of pet friendly places that you’d have less strife over?
I don’t mean to suggest that you should suck it up and look for one of those places, just, that, well, there are lots of them after all, where having an animal isn’t questionable. So I’m not questioning your motives, but rather your motivation.
Can you ask them for a new letter that leaves out your condition?
A number of points without quotes. For some service dogs, it is much easier to explain what the dog does without discussing why you need it. We have a video of of a puppy we raised working with a trainer in a wheelchair. We were not told why her partner needed to be in a wheelchair.
Not all service dogs are trained by an organization. A dog trained by its partner is recognized as a service dogs as long as it knows certain tasks. I strongly feel a team of professionals can produce a more capable dog.
Perhaps excluding monkeys and other animals from public access is unwise, but I question the wisdom of many other laws too.
Yes an impaired person can seek a pet friendly or even service dog tolerant place. Doing so will restrict the person’s choice and most pet friendly apartments charge a premium over similar pet free places. Our friend choose a pet friendly apartment at one time in order to keep her first dog guide after it retired.
This article has a lot of info about the ADA law regarding service dogs of various kinds and what is and is not considered a legitimate service dog.
Heck, I’m a landlady, renting out the first floor of my house. I live upstairs. I’ve never read up on the law, but after observing the behavior of genuine, trained service dogs, and most children. I’d rather rent to the animals.
In the late eighties I lived in Michigan, and at a deli I worked for a lawyer came in every Friday, with his seeing eye dog. The dog curled up quietly under his table. The Friday moms who came for coffee, with their toddler terrors, didn’t watch after them and let the kids run around and raise hell. And, they never tipped.
The above web page is not completely accurate since the updated ADA law took effect on 15 March 2011, and the linked web page was last updated on 13 October 2010.
The changes to the law were included, since they were published last summer.
– These changes have been 6 years in the making.
Anyways I wanted to correct a few things I read on this thread.
Tenant housing issues fall under the FHA, ADA only applies for government owned housing. The ADA would only apply to visitors to a commercial rental. (i.e. a landlord can’t prevent a blind person from visiting someone because of a no-pets rule.) If the tenant were blind, they would be covered under the FHA.
Emo Dogs as someone calls them (ESA’s in the industry) were never included in the ADA, even in 1990. The ADA clarified their longstanding position of excluding them. Task/Work has always been a requirement for a service dog. The main changes in the ADA regarding service dogs were to narrow their definition to only dogs with a provision for miniture horses. And they expanded the work/task list.
Regarding dog breeds. The ADA does not regulate breeds. There are many breeds used, most are Labs and Goldens, however many other breeds are used for hearing and seizure alert. Though they may be uncommon, please don’t judge a SD by it’s size, there are several epilepsy dogs under 15 lbs.
To the original question “Can a landlord with a no pet policy refuse to allow a service dog?” No, if the person is legally disabled and the dog performs a task. [Refusing because of a service dog is discrimination with very expensive penalties.]
If it’s an “Emotional Support Animal” they are expected to make reasonable accomodation if there is enough medical evidence to support the need.
When in doubt call, the ADA (public places), EEOC (work related), FHA (tenant issue) or Air Carrier Act (aircraft) depending on the situation.
Insurance has no bearing on Service Dogs, legally they are considered a wheelchair or Oxygen tank. Which is why pet deposits and most pet rules do not apply to them.
To those that would consider refusing service because a person has a service dog, note that in most states, criminal charges could be applied.
In Florida, refusing as service dog is a 2nd degree misdeamor punishable by $500 fine/60 days jail. FL State law overlaps both the FHA and ADA so it applies to housing as well as businesses.
Ken Lyons
Service Dog Trainer
Service Dogs of Florida, Inc.
Businesses have always been allowed to ask a set of questions, the update simply defined these in to the law. Reduced from 3 separate questions to 2, which combine.
- Is this a service dog required to mitigate a disability? (previous these were two questions: Are you disabled? Is that a service dog?)
- What task does the dog perform to assist in your disability? (This may be answered vaugue as it’s illegal, under HIPAA to ask a person what their specific disability is.)
Under the FHA, a landlord may request a little more information.
It warrants mentioning that no fewer than three federal agencies enforce rules regarding service animals: The Department of Housing and Urban Development, the Department of Justice (ADA - Civil Rights Division), and the Department of Transportation - meaning a disabled person with a service animal who leaves their apartment, takes a bus or cab to the airport, and gets on a plane has navigated through three different federal sets of rules and regulations.
FN1. The Fair Housing Act reads as follows, in pertinent part:
*t shall be unlawful- …
(f)(1) To discriminate in the sale or rental, or otherwise to make unavailable or deny, a dwelling to any buyer or renter because of a handicap of-
(A) that buyer or renter… [or]
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of-
(a) that person…
(3) For purposes of this subsection, discrimination includes- …
(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling…
42 U.S.C. § 3604.
Legal Case of an Owner-Trained Hearing Dog vs HOA http://www.servicedogcentral.org/content/node/194
Assistance Animals & The Fair Housing Act’s Protections for People with Disabilities (May 2010)
By guest blogger Bryan Greene, General Deputy Assistant Secretary, Office of Fair Housing and Equal Opportunity (FHEO), U.S Department of Housing and Urban Development.
It’s a pleasure to guest blog today on the rights of people with disabilities that are guaranteed under the federal Fair Housing Act. As many of you know, in April the country celebrated Fair Housing Month. This year commemorated 42 years since President Johnson signed the Act into law. Just 22 years ago, Congress amended the law to prohibit discrimination on the basis of disability. It was an active time for disability rights, with Congress passing the Americans with Disabilities Act (ADA) just a few years later. Many recognize the reach and scope of the ADA in providing disability rights protections in public accommodations and employment. Just as transformative were the amendments to the Fair Housing Act, which provide wide-ranging protections for people with disabilities with regard to housing rights.
While the Fair Housing Act describes several practices that constitute unlawful discrimination on the basis of disability, today I want to focus on an issue that represents one of the most common complaints the Department of Housing and Urban Development (HUD) receives. Each year, HUD and state and local agencies receive several hundred complaints from people who say they’ve been denied housing or equal housing opportunity because they have an assistance animal.
Typically, the complaints allege that housing providers or homeowners associations enforce a “no pets” policy on applicants or residents who require an assistance animal because of a disability. In 2009, of the 10,247 complaints filed with HUD and state and local fair housing agencies nationwide, about 44 percent alleged disability discrimination. Of those, about half, or 22 percent of all complaints filed nationally, alleged housing providers “failed to make a reasonable accommodation” in rules, policies or procedures necessary to afford a person with a disability the equal opportunity to use and enjoy their housing. A large portion of these complaints alleged a housing provider denied someone’s request to have an assistance animal in their housing.
Under the Act’s provisions, a person may keep an assistance animal as a reasonable accommodation if:
(1) the person has a disability, as defined by the Fair Housing Act,
(2) the animal is needed to afford a person with a disability an equal opportunity to use and enjoy a dwelling, and
(3) the person who requests the reasonable accommodation demonstrates that there is a relationship between the disability and the assistance that the animal provides.
The facts and legal determination in most of the cases we see tend to pivot on this third element, where a housing provider challenges the need for the assistance animal.
Can a housing provider request verification of my disability?
One frequently asked question is whether a housing provider may request verification of the existence of a disability, and the disability-related need for the accommodation. The answer is yes, a housing provider may require a person to verify this information, in order to allow the accommodation, if this information is not readily apparent or not known to the provider. In this situation, information verifying that the person meets the Act’s definition of disability can be provided by the individual himself or herself (e.g., proof that an individual receives public benefits due to a disability). A doctor or medical professional, a peer support group, a non-medical service agency or a reliable third party (who is in a position to know about the individual’s disability) may also provide verification of a disability and that the animal provides support that alleviates at least one of the identified symptoms or effects of the disability.
Does my service animal need specialized training in order to be permitted a reasonable accommodation?
Another frequently-asked question is whether assistance animals must have specialized training or perform certain tasks in order to be permitted as a reasonable accommodation. Most people are familiar with dogs that are trained to guide individuals who are blind or have low vision or fetch items for individuals with limited grasp or mobility. However, assistance animals often provide aid that does not require training, such as alerting persons to impending seizures, or providing necessary support to persons with emotional or psychiatric disabilities. Under the Fair Housing Act, a person may not be denied an assistance animal because the animal lacks specialized training or does not perform tasks. Keep in mind that the animal’s owner is obligated to prevent the animal from threatening the health or safety of others and is responsible for the animal’s care and maintenance.
Reasonable accommodations, of any type, must be considered on a case-by-case basis, and we at HUD encourage both consumers and housing providers to understand your rights and responsibilities under the Act.
I hope you find this information helpful and invite you to learn more about the Act by visiting HUD’s Web site at www.hud.gov/fairhousing. You can also find an online housing discrimination complaint form on the site.
You can reach HUD by phone at the Department’s housing discrimination hotline at 1-800-669-9777 (voice) or 1-800-927-9275 (TTY).
Additional information and resources can be found at: http://portal.hud.gov/portal/page/portal/HUD/topics/information_for_disabled_persons. This document answers frequently asked questions on the housing rights of people with disabilities and the responsibilities of housing providers and building and design professionals under federal law.
The Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Accommodations under the Fair Housing Act can be found by visiting http://www.hud.gov/offices/fheo/library/huddojstatement.pdf. Information on the right to emotional support animals in “no pet” housing can be found by visiting http://www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html.
Do Landlords Have to Allow Service Animals?
Many individuals with handicaps or health care challenges usually rely on service dogs for help with their every day lives. Service dogs improve the quality of living for those tenants with handicaps. But do I need to have these regulations on my rental agreement?
Property managers that continue a no animal strategy may not decline to rent or stop a physically challenged tenant from owning a service pet within the rental grounds. Federal law enforcement does not make it a requirement for the pet that gives the help to be a dog; however nearly all service dogs seem to be. There are 3 valuable points to think about whilst renting to a physically challenged person with a service pet.
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Service dogs, therapy dogs, or pet aides all fall into the same group under government law.
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Service dogs are not pets and therefore can not be deemed as such. Property managers who have strict no animal guidelines may not enforce them in regards to service dogs.
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Assistance dogs are going to be covered under the Fair Housing Amendments Act, Americans with Disabilities Act and the Rehab Act Section 504. Get familiar with these legalities!
Under the Fair Housing Act, personnel with handicaps who are accompanied by a service pet are a covered group. To be an human being covered under the Fair Housing Act; that tenant must have a handicap as outlined by the act; the service pet must have a direct function related to the person’s physical challenge and the demand to maintain the service pet must be agreeable.
According to 43 U.S.C. 4568 (c)(4)(C), a property manager should make adequate accommodations for a physically challenged applicant to be able to enjoy and have the benefit of a rental dwelling on an equivalent basis with occupants who are not physically challenged. For example, if a applicant wishes to have safety bars built in the bath-tub, a property manager may not refuse to make these kinds of accommodations.
What can a property manager do to avoid non physically challenged people from using the law to house an ordinary house animal? However, there is no law or directive that gives details on what the property manager may or may not do. Only a court decision could actually conclude whether a property manager should allow a particular pet. A property manager may ask for verification that a service pet is just that but a property manager must be very careful in how the applicant is questioned. By no means ask a applicant whether he/she is physically challenged, what kind of handicap he has or how serious the handicap is. There can clearly be no discrimination ever! All people with a handicap who require a service pet must be allowed to have that pet no matter what race, color, religion, sex, familial status, or national origin under the Fair Housing Act. Be sure to allow service animals regardless of whether or not you outline this in your lease agreement.
Nice summary. Another point. Isn’t federal property covered under yet another set of regulations? I think I have read something somewhere suggesting my Post Office is violating the rules by allowing me to bring in the puppies we foster for service dog schools. Or is the Post Office no longer federal property? They have service dog tags, but are not service dogs in training. Elsewhere, in my state, the tags prevent the health department from penalizing anybody that lets us in. If denied access, I have no recourse. I am seldom challenged.
Yes some federal property is excluded from the ADA, however there are USC codes/laws that cover in those instances. The POST OFFICE must allowed all full service dogs.
Here is our brochure that we give to all our dogs, back page has all the law references for different properties. http://servicedogsfl.org/ada/ada-info-sheet-ltr.pdf
http://servicedogsfl.org/menu-laws.shtml
Ah, but my puppies aren’t service dogs, just puppies that one day will be trained.