Service Animals / Emotional Support Animals – What You Need to Know
Website design By BotEap.comIf you own rental properties and manage them yourself, you should be aware of the laws regarding service and emotional support animals. If you use a property manager, make sure they are aware of the laws as well.
Website design By BotEap.comAt a recent meeting of the local HOA, the discussion was about which animals we should allow without a pet deposit or pet rent. There are many sites online where pet owners can obtain documentation that their “pet” is actually a service or emotional support animal. It was agreed that this is becoming more common, often as a way to get pets without needing to pay extra for the pet.
Website design By BotEap.comIt turns out that there are 2 agencies that create regulations regarding these animals:
Website design By BotEap.comThe job or task for which a dog has been trained 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. Website design By BotEap.comSome state and local laws define service with animals more broadly than the ADA. Information about these laws can be obtained from the state attorney general’s office. Website design By BotEap.comBut that is not all! Website design By BotEap.comThe Department’s revised ADA regulations have a new and separate provision regarding miniature horses that have been individually trained to work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 to 34 inches measured at the shoulders and generally weigh between 70 and 100 pounds.) Website design By BotEap.comThere are 4 evaluation factors to help determine if miniature horses can be accommodated at your facility:
- The Americans with Disabilities Act
- The Fair Housing Act (FHA)
- Only dogs are recognized as service animals under titles II and III of the ADA. (Be sure to read about the miniature house layout below!)
- A service animal is a dog individually trained to work or perform tasks for a person with a disability.
- In general, entities must allow service animals to accompany people with disabilities in all areas where members of the public are allowed to enter.
Website design By BotEap.comThe job or task for which a dog has been trained 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. Website design By BotEap.comSome state and local laws define service with animals more broadly than the ADA. Information about these laws can be obtained from the state attorney general’s office. Website design By BotEap.comBut that is not all! Website design By BotEap.comThe Department’s revised ADA regulations have a new and separate provision regarding miniature horses that have been individually trained to work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 to 34 inches measured at the shoulders and generally weigh between 70 and 100 pounds.) Website design By BotEap.comThere are 4 evaluation factors to help determine if miniature horses can be accommodated at your facility:
- Is the miniature horse domesticated?
- Is the miniature horse under the control of the owner?
- Can your facility accommodate the type, size, and weight of the miniature horse?
- Will the presence of the miniature horse compromise legitimate security requirements necessary for the safe operation of your facility?
- Is this a service animal that is required due to a disability?
- What work or tasks has the animal been trained for?
- the animal is out of control and the owner is unable to control it
- the animal is not domesticated
- the animal poses a direct threat to the health or safety of others