Archive for the ‘Laws’ Category
Service Dogs and Their Rights
Service dogs have numerous rights under federal laws. These laws allow service dog owners to be accompanied by their assistance animal in public locations, during travel, and in their residences. To qualify for a service dog, a person must have a qualifying physical or mental health disability that requires the use of a trained service dog.
When it comes to housing, service dogs are exempt from “no pets” policies in residential buildings under the Fair Housing Act. Service dogs are also exempt from pet fees and deposits, as well as size and breed restrictions that are applicable to normal pets.
The Fair Housing Act also protects emotional support animals, which are a different category of assistance animals. Emotional support animals help with mental health disabilities and do not need any specialized training.
Another major difference between service dogs and ESAs is that ESAs require an ESA letter from a licensed healthcare professional as proof, whereas service dogs do not require special documentation.
How Do I Prove I Have A Service Animal to my Landlord?The ADA and Fair Housing Act do not require service animals to have vests, ID cards, registrations, certifications, letters, or gear that identifies them as service animals. Service dog owners commonly use these accessories, but they are not required. Third parties cannot demand to see these items before granting access to a service dog on the premises.
You also cannot qualify for a service dog by obtaining an ID card, registration, or certification. You can only obtain these items after you have already fully qualified for a service dog and can represent that you have a legitimate service animal for your disability.
So how do you prove that you have a service dog to your landlord? If the disability-related need for the service dog is not obvious, your landlord can ask you two questions: 1. Is the dog a service dog required because of a disability? and 2. What work or task has the dog been trained to perform?
Disabled tenants with disabilities have a right to privacy and dignity. Landlords cannot ask the tenant to have their dog demonstrate the task it has been trained to perform or request the tenant’s medical records.
While you do not need service dog paraphernalia, it can be helpful to have things like vests, IDs, and certificates to easily signal to other tenants that you have a service dog and not a normal pet.
Service dog owners do not need to submit documentation such as a letter from a doctor or therapist. However, some tenants with psychiatric service dogs will obtain a PSD letter confirming they have an eligible mental health disability such as severe depression, anxiety, or PTSD. PSD letters are optional but provide peace of mind for current or potential owners of psychiatric service dogs.
So, What Animals Need A Letter?Under HUD guidelines, owners of emotional support animals should submit a letter from their licensed healthcare professional to their landlord. Landlords are entitled to see a valid ESA letter before accommodating an ESA in a no-pets building. ESAs are also exempt from pet fees and pet restrictions on size, breed, and weight.
An ESA letter verifies that a tenant has a mental health condition like depression, anxiety, or PTSD that is helped by the presence of an emotional support animal. While service animals can only be dogs, ESAs can be dogs, cats, birds, fish, and other small household pets. Emotional support animals have housing rights but not the broader public access rights of service dogs because they are only protected under Fair Housing rules, and not the ADA.
Need an ESA Letter? Read how to get one online here.
See if you qualify for an Emotional Support Animal letter from ESA Doctors by clicking the link below.
According to an article published by NIMH, younger adults tend to believe that landlords and property managers discriminate against their animals, specifically if they have large dogs or dogs of a specific breed. Many would also speak of how properties that did accept pets would be less than substandard quality in comparison to the landlord’s pool of available listings and also report paying non-refundable pet fees and monthly pet rents.
For the tenants that contributed to the study, many said residents staying put in their rental apartments longer than those who do not have pets, given the difficulty of finding a place that will accommodate dogs. This difficulty, according to the results of the study, shows that this situation influences the types of dogs younger adults to acquire, such as smaller dogs that are known to work better in apartments. The presented case specifically references pets, not service animals. However, for those with service animals of specific or large breeds, conflicts can occur if the tenant has issues.
What does the ADA say about service dog breeds?The Americans with Disabilities Act describes in great detail about the role of service dogs as well as their rules and regulations. Because service dogs have specific rights to public places, it means they can also be any breed.
The ADA does not restrict the type of dog breed that can qualify for a service dog. Because any breed can be a service animal, facilities do not have the right to exclude a service animal based on the animal’s breed. Only if the animal has a history of misbehavior or is not under adequate control of the handler that the animal would be excluded, municipalities that have ordinances for certain breeds must also comply with ADA regulations, thus are not allowed to exclude a service animal off of fears or generalizations of that specific breed.
Because any breed of dog can be a service dog, facilities do not have the right to exclude a service dog based on the dog’s breed. Only if the animal has a history of misbehavior or is not under adequate control of the handler that the animal would be excluded, municipalities that have ordinances for certain breeds must also comply with ADA regulations, thus are not allowed to exclude a service dog off of fears or generalizations of that specific breed. Read: This means Pit bulls too!
Does the Fair Housing Act allow landlords to deny certain breeds as emotional support dogs?The Department of Housing and Urban Development (HUD) uses a broader term, assistance animals, to encompass animals such as service dogs, therapy dogs, and emotional support animals.
The Fair Housing Act, which outlines the specific protocols and regulations that tenants and residents must follow, argues that housing providers cannot apply breed, size, or weight restrictions to assistance animals. It also agrees with ADA’s protocol that the removal of an animal must be based on the actual animal behavior, and not the assumptions and fears of the type of harms that could potentially happen. This also has protection under the FHA in regards to the potential resident, as those with disabilities are not allowed to be discriminated against because of those disabilities. In alignment with ADA and FHA, service dogs and emotional support dogs cannot be refused. Please note that ESA registration is not required by law, but can assist in identifying your animal as an emotional support animal to your landlord or HOA.
TLDR: Your assistance animal (service animal or emotional support dog) cannot be denied based on breed, size, or weight.
What to do if your landlord refuses to accommodate?If your request is reasonable and the landlord denies it, you, as a person with a disability, have the right to request your local government agency to investigate in the matter in claims of discrimination. Some options include:
You can file a discrimination complaint with the Department of Housing and Urban Development, either online or you can call the Housing Discrimination Hotline: (800) 669-9777. You can also file a complaint directly with your state’s agency if they investigate discriminatory claims. You can contact a disability attorney. Can landlords still charge pet fees?Because service dogs and assistance animals are not considered pets, landlords, co-ops, and HOA’s are not allowed to charge tenants with extra pet fees or pet deposits. However, a tenant can still be charged fees for damages done by the animal to the home. It is also possible to charge residents if the animal is not able to be removed from the premises for misbehavior and/or damages.
If you cannot reach an amicable agreement with your landlord and you suspect they are discriminating agains you, you can seek support from your local Fair Housing Authority. It’s essential to file the discrimination within one year after the date of the discriminatory act, but it is recommended that it should be filed as soon as possible. The HUD or Fair Housing will then either investigate or submit it to another agency to investigate. As the HUD centers around those with disabilities, those that feel their rights were discriminated against can lead to legal actions such as compensation, changes in policies, and discrimination training. If you’re looking to file a discriminatory complaint, you can find more information about the investigation process on the HUD.gov website.
Jan 17
Texas Service Dog Laws
Individuals with disabilities whether they are physical or mental often feel isolated because it is harder for them to function in public; this is where service dogs come in. Service dogs provide individuals with disabilities the ability to have more freedom and go out in public without having to worry about what to do if they need help. For example an individual who is blind may find it difficult to walk down the street as there may be unexpected obstacles or they may fear to cross the street, with the aid of a service dog an individual who is blind can navigate any street because their service dog becomes their vision and can help them around obstacles and help them cross streets safely. Individuals suffering from seizures may be afraid to go out into public for fear of having a seizure and being alone and injuring themselves or not getting the help they need, with the aid of a service dog that can alert the individual to a seizure they can prepare themselves to avoid injury and the service dog can keep them safe during the seizure and get help after the seizure. Service dogs are a great way for individuals with disabilities to be able to go out into public and lead normal lives instead of being isolated at home. It is important to understand what service dogs are and the rights that individuals with disabilities have regarding the use of service dogs.
What is a Service Dog
According to the Americans with Disabilities Act (ADA) a service dog is defined as a dog that is specially trained to help individuals with disabilities.
Types of Service Dogs
Service dogs help individuals with disabilities perform tasks they would not be able to on their own. Service dogs help individuals with different disabilities including physical, neurological, and mental health. It is important to not make assumptions, just because a person’s disability is not visible like people who suffer from seizures it does not mean that they are not disabled. The same can be said about service dogs as there are several breeds of service dogs that people without disabilities may not be aware of. Below is a list of the different types of service dogs:
Guide Dogs- Guide dogs help individuals who are visually impaired or blind and they will help guide them around obstacles and with tasks like crossing streets. Hearing Dogs- Hearing dogs help individuals with varying degrees of hearing impairments and alert them to sounds like doorbells, alarms, smoke alarm, telephone, or oven buzzer. Mobility Assistance Dogs- Mobility assistance dogs help individuals who have mobility issues like brain injuries, spinal cord injuries, muscular dystrophy, and arthritis by bringing them objects and pressing buttons like those in an elevator. Some mobility dogs are even strong enough to pull a wheelchair up a ramp. Diabetic Alert Dogs- Diabetic alert dogs help the individual by alerting them when they smell changes in the individual’s blood sugar. When an individual’s blood sugar is either hypoglycemic or hyperglycemic there are scent changes that humans are not capable of smelling but dogs with their acute sense of smell can pick up on them and alert the individual. Seizure Alert Dogs- Seizure alert dogs help an individual who is prone to seizures by alerting them when they sense changes in it the individual’s behavior before a seizure. Seizure Response Dogs-Seizure response dogs help the individual who is prone to seizure by barking or pressing an alarm to get aid for the individual and they also have the ability to keep the individual safe during the seizure and then help them after the seizure. These dogs are not capable of sensing a seizure, but they can assist during and after a seizure. Psychiatric Service Dogs- Psychiatric service dogs help individuals who are suffering from post-traumatic stress disorder, anxiety, or depression by helping the individual feel safer and calmer in public helping them feel less overwhelmed when out in public. Autism Support Dogs- Autism support dogs help children who are on the autism spectrum by reducing the isolation these kids feel due to their difficulty in social settings and interacting with others. FASD Service Dogs- Fetal Alcohol Service Dogs (FASD) help children who were exposed to alcohol during fetal development as they often have physical, mental, behavioral, and learning problems.While it is common to see German Shepherds and Labrador Retrievers as service dogs, it is important to note that the breeds of service dogs are just as varied as the disabilities of the individual who require their aid. It is not uncommon for poodles, Pomeranians, golden retrievers, poodles, cocker spaniels, Chihuahuas, etc. to also be service dogs. It depends on the disability they are required for. While larger breeds like shepherds and retrievers may be required for physical or vision disabilities, the smaller breeds like poodles and Chihuahuas make excellent hearing dogs. It is important to not make assumptions when it comes to service dogs as you don’t want to offend the disabled individual who requires their service.
Service Dog Laws
Under the Americans with Disabilities Act (ADA), the Federal Government has established guidelines regarding the definition of a service dog and what rights individuals have regarding their service dogs. In compliance with ADA, the Federal Government states that “State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go (ADA Requirements)”. The law further states that business owners may only ask individuals with service dogs two questions regarding their service animal and they include asking if the service dog is required due to a disability and what the service dog is trained to do. Owners and employees may not ask about the individual disability and they may not request any type of identification or certification regarding the service dog or medical documentation from the disabled individual. While covered by the Federal Government, many states have their own laws and guidelines regarding service dogs.
Texas Service Dog Laws
The state of Texas defines a service dog as a dog that has been specially trained to assist a disabled individual and is used by the disabled individual. Texas defines a disability as:
Visual impairment Speech impairment Hearing impairment Mental disability Physical disability Post-traumatic stress disorder (PTSD) Developmental or intellectual disabilityUnder Texas law, dogs that are considered to be emotional support dogs are not considered service dogs as they are not specially trained and therefore are not covered by the same rights as service dogs.
Texas law also states that individuals with disabilities have the right to bring their service animals on public transportation, and they are not required to pay an extra fare for the service dog and the individual and their service dog may not be separated. Texas law states that individuals with disabilities have the right to bring their service animals into all public accommodations. Examples of public accommodations include the following:
Restaurants Hotels Public transportation terminals Auditoriums and convention centers Theaters and sports stadiums Schools Zoos and parks Gyms and bowling alleys Libraries and museums HospitalsHousing
An individual with a disability that requires the aid of a service dog may not be denied housing even if the property has a no animals allowed policy. If a property refuses to rent or lease housing to an individual because they require a service dog they are in violation of the law.
Service Animal User’s Responsibilities
While disabled individuals who require a service dog are protected under the law, they have responsibilities that they have to adhere to as well. When using a service dog in public they must always be under control with either a harness or a leash and if the individual refuses to do so they can be removed. Individuals who have service dogs are also responsible for any damages caused by their service animal.
Penalties for Violating Service Animal Laws
Disabled individuals who require the aid of a service dog are protected under the law and if they are denied the right to public access then the person, business, or organization will be guilty of a misdemeanor that is punishable by a fine of up to $300 and 30 hours of community service. Because the disabled individual’s rights have been violated they also have the right to go to court and sue for damages.
Conclusion
The use of service dogs provides disabled individuals the opportunity to go out into public and lead normal lives. Service dogs help to eliminate the isolation that disabled individual may feel by aiding them with everyday tasks that able-bodied individuals take for granted. Disabled individuals who require service dogs are protected under the law and may not be denied access to public areas or public transportation and if they are there are punishable by monetary fines and community service.
TESTIMONIALS
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