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Every time I see one of these threads, I get even more confused than I was the day before (and I've done this for 17 years).
My understanding is that ADA covers service animals, which would cover whether the dog can be brought into your place of business, like your office. It only lets you ask 2 specific questions, and ask for no proof at all. It also covers commercial rentals (which is what 2 of those links above are talking about). But it doesn't have anything to do with residential housing unless you accept government assistance on that housing.
Fair Housing covers residential rentals, and is for ESAs and allows for the landlord to ask for proof in the form of a doctor's note/prescription that the animal is necessary due to a disability. But no, you can't ask for additional deposit because of the animal, and you can't limit due to breed.
So if you don't accept government subsidies for your housing, ADA is basically irrelevant, and Fair Housing prevails, and the rules that must be followed are the ESA rules, right? I've been requiring doctor's notes for everyone who claims a service dog or an ESA. So am I doing this wrong again?? I really am trying to get it right, but we've called about 10 local boards, agencies, associations, etc and I get a different story from everyone I talk to. My boss even called up to the regional HUD offices in Seattle and couldn't get a straight answer.
This whole conversation always irritates me, because I DO allow pets, but everyone uses these rules to get out of paying my reasonable, refundable, pet deposit. Boise is a HUGE pet city. Like 75% of people have a pet here. Almost every application I get lately claims that their pet is a support animal of one type or another.
You can request proof that the animal performs a specific function for the liar.
You can request proof that the animal performs a specific function for the liar.
See, I don't think that is true.
If it is for ADA, like if they want to come in my business, I can't ask anything except "is that a service animal for a disability?" and "What task has it been trained to perform?" I can't ask for any proof, or even for a demonstration of the task.
If it is for Fair Housing, for rentals, an ESA doesn't have to be trained to perform any task at all.
If it is for ADA, like if they want to come in my business, I can't ask anything except "is that a service animal for a disability?" and "What task has it been trained to perform?" I can't ask for any proof, or even for a demonstration of the task.
If it is for Fair Housing, for rentals, an ESA doesn't have to be trained to perform any task at all.
That's the difference right there between a SD and an ESA. SDs are trained to perform a task - that task may be a natural alert (such as for diabetes or seizures) but the ALERT itself is trained, as is any mitigation (tasks) such as getting medication; assisting the person to regain alertness; summoning help (a friend's 2 SDs are both trained to use the phone to call 911 (no, they don't actually press the numbers, they press star, I think).
An ESA just is. It's presence is sufficient to help ease anxiety, maintain a connection with reality, etc.
And, to add one more to the discussion, a therapy dog is neither of the above. A therapy dog is used primarily to go to hospitals, schools, VA extended care. Generally the training these dogs have is somewhere middle between an ESA and a SD. Their public manners are very friendly and they love to be petted.
Neither an ESA or Therapy Dog has Public Access rights, which is why there is such a higher standard of training for SDs.
Some landlords ARE exempt from the regulations of the Fair Housing Amendments Act. The exceptions include (a) buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements
And, of course, owner-occupied units in which freedom of association still trumps the FHA--even in NY.
If it is for ADA, like if they want to come in my business, I can't ask anything except "is that a service animal for a disability?" and "What task has it been trained to perform?" I can't ask for any proof, or even for a demonstration of the task.
If it is for Fair Housing, for rentals, an ESA doesn't have to be trained to perform any task at all.
I should have edited the quote of your post to clarify that I was referring to the LL piece as it related to the service dog. You can also request proof as a LL that a qualified medical professional has prescribed an ESA.
Hi I am a new landlord. Recently a couple is applying to rent my house. They have a service dog. On my listing, I did state $250 refundable pet deposit. But this is a service dog. Just for me to learn, can I collect pet deposit?
Nope. You don't have a choice with a service dog- the Americans With Disabilities Act requires the admission of a service animal with respect to public accommodations. However, you should check to be sure that the dog in question is in fact certified as a service animal, as many people have been fraudlently using the service animal markers. (vests and the like). Notably, that is a crime. The owner of a legitimate service animal will have papers stating that the animal is certified by an appropriate agency.
That's the difference right there between a SD and an ESA. SDs are trained to perform a task - that task may be a natural alert (such as for diabetes or seizures) but the ALERT itself is trained, as is any mitigation (tasks) such as getting medication; assisting the person to regain alertness; summoning help (a friend's 2 SDs are both trained to use the phone to call 911 (no, they don't actually press the numbers, they press star, I think).
An ESA just is. It's presence is sufficient to help ease anxiety, maintain a connection with reality, etc.
And, to add one more to the discussion, a therapy dog is neither of the above. A therapy dog is used primarily to go to hospitals, schools, VA extended care. Generally the training these dogs have is somewhere middle between an ESA and a SD. Their public manners are very friendly and they love to be petted.
Neither an ESA or Therapy Dog has Public Access rights, which is why there is such a higher standard of training for SDs.
Not really- such has no distinction under state laws- as the vast majority of state laws defining a "service animal" combine all of those into the definition. (I haven't been able to find an exception to this, but thats not to say there isn't one.) All 50 states have a criminal law that makes it a crime to refuse admitance of a service animal onto private property while the animal is performing it's official service duty, or to in any way "abuse" a service animal. Most states have made violation of these laws a felony offense.
Not really- such has no distinction under state laws- as the vast majority of state laws defining a "service animal" combine all of those into the definition. (I haven't been able to find an exception to this, but thats not to say there isn't one.) All 50 states have a criminal law that makes it a crime to refuse admitance of a service animal onto private property while the animal is performing it's official service duty, or to in any way "abuse" a service animal. Most states have made violation of these laws a felony offense.
Yes, but states can be more strict than federal law unless explicitly prohibited by state law. So if federal law says you have to allow a service dog (a true service dog as described above) and the state says you have to allow their definition of service dogs/animals (which includes all 'emotional support' animals) then the state law would still apply since it is more strict than federal. What wouldn't work is the state trying to say that no, you don't have to allow a true service dog even though the ADA says you do.
Yes, but states can be more strict than federal law unless explicitly prohibited by state law. So if federal law says you have to allow a service dog (a true service dog as described above) and the state says you have to allow their definition of service dogs/animals (which includes all 'emotional support' animals) then the state law would still apply since it is more strict than federal. What wouldn't work is the state trying to say that no, you don't have to allow a true service dog even though the ADA says you do.
You have it backwards. State laws can grant MORE leniency with application of the laws; i.e. states can give more protections but states cannot restrict what is granted by the federal statutes.
States can give protection to SDiTs which are not covered in the ADA; states can be more inclusive than federal and allow more than dogs and mini-horses to be SAs, such as monkeys and even cats. The animal still has to perform a trained task for a disabled person.
But the state law is never "more strict" than federal. And you are still confusing ESAs with SD and therapy animals.
There is a huge difference between all 3 in the amount and type of training. I'll restate my original post with different language/phrasing.
A Service Dog/mini-horse is trained to do specific tasks to mitigate a person's disability. That requires that the handler have a disability and that the trained tasks assist with that person's disability. Note 2 parts: disabled person; dog/horse trained to help.
A therapy animal does not assist a disabled person and is trained only so far as it helps OTHERS - such as nursing home visits, schools, hospitals.
An ESA is just that. It is any animal that, by its presence, provides comfort to a person in need. It does not need for that person to be disabled and the animal does not need to be specifically trained to perform tasks which assist in any way. If watching fish in a tank gives emotional support, then a fish can be an ESF (since it is not an animal).
I am very well acquainted with the ADA as it applies to those with handicaps. I have read it and keep up with revisions to it. I am not, however, an expert on the HUD/FHA rules concerning rentals and that is where the confusion lies - FHA has its own set of rules and the difference between a SD and an ESA are not as clearcut as the ADA. Further, a landlord is allowed to ask for documentation concerning a SD that any other business would be in violation of the ADA for so doing.
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