Archive for the ‘Laws’ Category
If you rely on a service dog, you need to know about the Air Carrier Access Act (ACAA). The ACAA is a U.S. federal law that gives you the right to bring your service dog in the plane cabin on all flights to, from, and within the United States. The ACAA, along with HUD’s housing rules and the Americans with Disabilities Act, form the legal basis for service dog owner rights in the United States.
This guide explains everything you need to know about the ACAA, including how it applies to service dogs, recent rule changes for emotional support animals, and what to do if you encounter issues with an airline.
What is the Air Carrier Access Act (ACAA)?The ACAA was passed to ensure that people with disabilities are treated fairly and respectfully when they fly. This law requires airlines to provide special accommodations for disabled people who need service dogs.
If you’re flying with a service dog, the ACAA guarantees your right to bring your trained service dog into the aircraft cabin without paying extra fees. The ACAA also exempts you from weight and breed restrictions, meaning larger dogs are fine to board the cabin with you.
Here are some key points about the ACAA:
The ACAA applies to all airlines operating in U.S. airspace, covering domestic and international flights that touch U.S. soil. It prohibits airlines from discriminating against travelers with disabilities, including those who have met service dog requirements. The ACAA is enforced by the Department of Transportation (DOT), which issues guidelines and manages complaints. Service Dogs on Planes: What’s Currently AllowedService dogs have a special status under the ACAA, allowing them to accompany their handlers in the airplane cabin.
For service dog handlers, the following rules currently apply:
Before boarding, you must complete and submit the DOT’s Service Animal Form to your airline. Only trained service dogs are allowed to fly in the cabin. This means the dog must be trained to perform specific tasks related to the handler’s disability. Passengers are limited to a maximum of two service dogs each. Dogs must fit comfortably in the handler’s foot space, under the seat, or on the passenger’s lap (if the dog is small enough and permitted by the airline). Airlines cannot charge fees for service dogs traveling in the cabin.Check out this link for a complete guide on flying with a service dog.
According to the ACAA, service dogs are allowed to fly inside the cabin of an airplane. The ACAA and Emotional Support Animals: What Changed?While emotional support animals (ESAs) were once also given special status under the ACAA, regulatory updates changed their classification. As of December 2020, ESAs are no longer recognized for special privileges under the ACAA. U.S. airlines now treat emotional support animals just like regular pets.
The rule changes mean that ESAs:
Can be restricted to travel as pets, with airlines free to enforce pet fees and size restrictions. Do not have guaranteed access to the cabin and may be required to remain in pet carriers for the duration of the flight. May face breed or species restrictions based on airline policies. What to Do if You Face Issues under the ACAAWhen flying with a service dog, airlines are required to:
Offer assistance during boarding, deplaning, and throughout the flight if requested. Make most seats available to you and your service dog, except for emergency exit rows. Ensure a Complaint Resolution Official (CRO) is available to address any issues related to your service dog’s access.If you run into issues with your service dog at the airport or on the plane, here are some steps you can take:
Request a CROEvery airline has CROs trained to handle disability-related issues. Request their assistance if there are problems with service dog policies. Document EverythingTake notes on interactions and record the names of airline staff involved, in case you need to file a complaint. Submit a DOT ComplaintIf unresolved, submit a complaint to the DOT’s Aviation Consumer Protection office within 90 days of your flight. Keep All PaperworkFrom the DOT form to any medical records, keep copies of all documentation relevant to your service dog. Common Questions About ACAA Rules for Service Dogs Can airlines refuse to allow my service dog?Yes, but only under certain conditions. If your dog behaves aggressively, is not housebroken, poses a direct threat to other passengers, or is not yet fully trained, the airline can deny access. Do I need a special ID for my service dog?No specific ID is needed, but having a voluntary service dog ID can help with airline staff and passengers immediately recognizing your dog as a service animal. Are international flights any different?Yes, many international flights have additional rules based on the destination country. Always check entry requirements for your dog, as some countries may require health certifications, vaccinations, or even quarantine. When should I arrive at the airport?Arrive 2-3 hours before your flight. This gives you enough time for check-in, security, and document checks.
Emotional support animals (ESAs) are protected under the federal Fair Housing Act (FHA). The FHA, however, doesn’t contain any specific information on how tenants and landlords are supposed to handle ESA requests. That’s where the U.S. Department of Housing and Urban Development (HUD) comes in.
HUD publishes guidelines that address how ESAs are to be handled by housing providers under the FHA. The most recent guidelines were released in 2020, which updated rules from 2013.
HUD makes these rules so that both ESA owners and landlords have clarity on what they need to do if a tenant needs an emotional support animal. By following these rules, ESA owners can understand the steps they need to take, and landlords can avoid violating the Fair Housing Act. In this guide we’ll explain 10 important things to know about HUD’s latest housing rules for ESAs.
10 Key Points to Know About HUD’s ESA Housing Rules 1. ESAs are not considered petsLandlords cannot treat your ESA like a regular pet. This means no breed or weight restrictions apply. If your apartment policy or lease has a no-pet policy or bans large dogs, your ESA is still allowed as long as it is well-behaved and doesn’t pose a safety risk.
2. There are no pet fees or deposits for ESAsLandlords cannot charge extra rent, pet deposits, or other fees for your ESA. However, if your ESA damages property, landlords can deduct costs from your security deposit, as they would for any tenant.
3. You can request ESA accommodation at any timeYou can request ESA accommodation anytime, before or after getting your ESA. It’s a good idea to document the request for future reference. No special legal language is needed, but clearly asking for “reasonable accommodation” while submitting your ESA letter helps avoid confusion. Generally, it’s a good idea to let your landlord know before moving in with your ESA to give them a chance to approve or deny.
4. Landlords should respond to ESA requests within 10 daysHUD specifies that landlords should respond to ESA requests within 10 days of receiving the documentation. This prevents landlords from delaying decisions indefinitely, which can harm tenants.
5. You will need an ESA letterYou need an ESA letter from a licensed healthcare professional (LHCP) to prove that you need an emotional support animal. The LHCP must be licensed for your state. A valid ESA letter should include the LHCP’s letterhead, contact information, and signature, confirming your need for an ESA.
6. You can get an ESA letter onlineHUD allows ESA letters from healthcare professionals who provide services remotely. As long as the professional is licensed in your state and has evaluated you, telehealth ESA letters are valid.
7. No other forms are requiredLandlords cannot demand you fill out their forms, provide your medical history, or notarize documents. They must accept your ESA letter if it meets the HUD standards.
8. ESAs are not limited to cats and dogsDogs and cats are the most common ESAs, but HUD’s guidelines allow for other animals, such as birds, rabbits, hamsters, fish, and turtles.
9. You are responsible for damages as an ESA ownerAs an ESA owner, you must care for your animal and ensure it doesn’t cause harm or disturbance. If your ESA is aggressive or damages property, the landlord has the right to take action. For example, if your ESA scratches up the doors or disturbs neighbors with excessive barking, your landlord can ask you to manage the behavior or cover any repair costs.
10. Landlords must work with youIf your landlord has concerns about your ESA request, they must engage in a discussion (called an “interactive process”) with you. They should explain their concerns and work toward a solution before denying the request.
Are you in need of an ESA letter? Start your assessment online below.
The Fair Housing Act (FHA) is a federal law in the United States that prohibits discrimination against people who need a support animal for their physical or mental health. The FHA applies to landlords in all 50 states. Under the Fair Housing Act, if you need a service dog or an emotional support animal, your housing provider must let your animal live with you, even if they have a strict no-pets policy or no-pets lease provision.
The FHA was enacted in 1968 with the intent to stop discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. The FHA applies to service dogs and ESAs because their owners have physical or psychiatric disabilities. In this guide, we’ll explain how the Fair Housing Act protects your rights as an assistance animal owner.
Service Animals and Emotional Support Animals Under the FHAThe Fair Housing Act recognizes two types of assistance animals:
Service dogs:Dogs trained to perform specific tasks for people with qualifying disabilities. Emotional Support Animals (ESA):Animals that provide comfort and support to individuals with mental or emotional disabilities. No special training is required.Under the FHA, both service animals and ESAs are considered assistance animals and afforded the same protections and accommodations in housing. Only service dogs, however, are protected under the Americans with Disabilities Act, which gives them even greater public access rights than ESAs.
Fair Housing Rights for Assistance AnimalsThe FHA provides several important rights for individuals with disabilities who use assistance animals:
Allowance of Assistance AnimalsHousing providers must permit service animals and ESAs as a reasonable accommodation, even in “no pets” properties. Service dogs and ESAs are exempt even if your building has a strict no-pets rule, or your lease states no pets are allowed because they are not considered pets but assistance animals needed for physical and/or mental health support. No Additional Fees or DepositsLandlords cannot charge extra fees, deposits, or higher rent for assistance animals. The landlord also can’t charge an application fee for your animal. No Breed, Size, or Weight RestrictionsThe FHA overrides any breed, size, or weight limitations typically imposed on pets.If you want to qualify for these rights as a service dog owner, you need to be able to answer two questions verbally from your landlord: 1. Is your dog a service dog required for a disability? and 2. What work or task has your dog been trained to perform? No documentation is needed for service dogs, although accessories like service dog ID cards can be helpful. For more information on qualifying for a service dog, check out our guide on service dog requirements.
If you have an emotional support animal, you need to submit an ESA letter to your landlord. An ESA letter is a note signed by a licensed healthcare professional who believes you need an emotional support animal for your mental health.
Housing Providers Subject to the Fair Housing ActThe FHA applies to a wide range of housing providers, including:
Landlords and property managers Real estate companies Homeowners associations (HOAs) Co-Ops University Housing Housing Providers Exempt from the Fair Housing ActWhile the FHA’s reach is extensive, there are some limited exceptions:
Owner-occupied buildings with no more than four units Single-family houses sold or rented by the owner without a real estate agent Housing operated by religious organizations and private clubsIf your housing provider is in one of these categories, they do not have a legal obligation to allow for your service dog or emotional support animal.
How the Fair Housing Act is EnforcedThe FHA is enforced in several ways against landlords:
Administrative Complaints:Individuals can file complaints directly with the U.S. Department of Housing and Urban Development (HUD). HUD will then investigate the complaint and take legal action if necessary. DOJ Lawsuits:The Department of Justice may file lawsuits in cases of systemic discrimination. Private Lawsuits:Individuals who have experienced discrimination can file private lawsuits in federal or state court. These lawsuits can result in monetary damages and orders requiring housing providers to change discriminatory practices. Assistance animals are protected by the Fair Housing Act, and the law can be enforced. Examples of Violations of the Fair Housing ActLandlords that violate the Fair Housing Act can face legal action from the DOJ or HUD. In one case, a housing company faced a lawsuit for failing to provide reasonable accommodations for residents who required assistance animals. It was alleged that they imposed overly burdensome policies, including requiring residents to submit multiple forms, prohibiting certain breeds, and demanding medical records, which deterred individuals from requesting accommodations.
In another case, a tenant who needed an ESA for mental health purposes requested reasonable accommodation for a pit bull, a breed typically restricted by the housing provider. After the landlord denied the request, citing the dog’s breed, the tenant had to place the dog in a shelter, where it was later euthanized. The tenant filed a fair housing complaint, and the housing provider ultimately settled, agreeing to pay $35,000 in damages and implement policy changes.
In a recent federal lawsuit, a housing provider was alleged to have refused to allow a teenage boy with multiple disabilities to live with his emotional support dog. The boy’s mother claims that the housing provider’s actions violated the Fair Housing Act by denying reasonable accommodations. After the family was forced to separate from the dog, the boy’s mental health worsened. Eventually, after repeated requests, the dog was allowed to return, and HUD charged the housing provider with discrimination.
These cases demonstrate that failing to comply with Fair Housing obligations can have serious legal and financial consequences for landlords.
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