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service/support dogs, part 99

Started by SheliaH • 8 replies • 940 views

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SheliaH (Indiana)
Posts: 6,964
Posted:
Because it seems the service animal/emotional support animal issue has come up a few times lately, I found this site that could be of use to those of you still trying to determine if that frog, mutt or chicken is allowed or not.

This site lists states that have laws concerning service animals, with a few addressing misrepresentation (a misdemeanor in most cases, meaning you won’t find many places that have brought charges). Read and enjoy!

https://www.animallaw.info/topic/table-state-assistance-animal-laws

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PaininyourA
Posts: 215
Posted:
The 'common thread' among the states seems to be:

"Service animal" means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.


A TRAINED animal will maintain '4 on the floor' unless actually performing a task.

A TRAINED animal will not bark except as a WARNING to its partner.

A TRAINED animal will NEVER be a nuisance to others, nor be disruptive in any fashion.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By PaininyourA on 12/05/2017 2:20 PM
The 'common thread' among the states seems to be:

"Service animal" means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.


A TRAINED animal will maintain '4 on the floor' unless actually performing a task.

A TRAINED animal will not bark except as a WARNING to its partner.

A TRAINED animal will NEVER be a nuisance to others, nor be disruptive in any fashion.

In ANY fashion?
PaininyourA
Posts: 215
Posted:
yep

...no matter WHAT it is wearing...

RobertC34 (North Carolina)
Posts: 5
Posted:
The big issue I see is not with service animals. As stated previously, there is a clear definition for a service animal to be recognized as such, this is covered by ADA. However, a 'support', 'therapy', or 'companion' animal is a more vague term. In my no pet community, we have a growing trend of companion animals which simply require a note from a physician. Many people just print a form that can be purchased online. While not recognized by the ADA, support animals are required to be accommodated by the Fair Housing Act.
BenA2 (Texas)
Posts: 1,273
Posted:
Be very careful with this. A state law cannot add restrictions for service or support animals that do not exist under the federal Fair Housing Act or the Americans with Disabilities Act (ADA). For example, a state cannot require that a service animal be certified or require that it be a dog. For this reason, you should refer to Housing and Urban Development (HUD) rules. ADA generally does not apply to HOAs unless you have public accommodations open to the general public.

https://www.hud.gov/program_offices/fair_housing_equal_opp/ReasonableAccommodations15
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By DaveD3 on 12/05/2017 2:33 PM
Posted By PaininyourA on 12/05/2017 2:20 PM
The 'common thread' among the states seems to be:

"Service animal" means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.


A TRAINED animal will maintain '4 on the floor' unless actually performing a task.

A TRAINED animal will not bark except as a WARNING to its partner.

A TRAINED animal will NEVER be a nuisance to others, nor be disruptive in any fashion.


In ANY fashion?

All three of those statements are incorrect. Under the Americans with Disabilities Act:
There is nothing requiring a service animal to keep all 4 on the floor.
There is nothing stating a service animal will not bark except as a warning.
A service animal can be removed from an establishment if it is a nuisance but under ADA there is nothing saying that a service animal "will never be a nuisance."

State laws cannot be more restrictive than the federal ADA (that is actually written into the law).

Well trained service animals should not bark or be a nuisance but they are animals and are imperfect. There is also no requirement for them to be well trained, or trained at all, as long as they perform a service.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ben,

Unless the HOA/COA has public amenities, the ADA typically does not apply.

However, the Fair Housing Act does, and these are similar.

Now, depending when renovations are done, or when the development was completed, there may be specific sections of the ADA that must be complied with (like barrier removal to allow handicap access).
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By TimB4 on 12/18/2017 3:45 PM
Ben,

Unless the HOA/COA has public amenities, the ADA typically does not apply.

However, the Fair Housing Act does, and these are similar.

Now, depending when renovations are done, or when the development was completed, there may be specific sections of the ADA that must be complied with (like barrier removal to allow handicap access).

You are correct, which I mentioned in my first post. I should have said under the ADA or Fair Housing Act.

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