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Service Animal Laws

Service Animal Laws

 Did you know that only dogs and miniature horses are recognized as service animals under the Americans with Disabilities Act (ADA)? This Federal law has been put into place to protect the rights of those individuals with a disability and their need for a service dog. These specially trained animals are not pets, but are there to help the person with specific tasks that they cannot do for themselves. For this reason, service dogs are allowed into all public areas without exception.

Service Animal Laws By State

Service Animals are federally protected and have full access rights in all 50 states. A California Service Dog has the same rights as a Texas Service Dog or even a Florida Service Dog.

Each state may also has several different laws put into place to protect both the service dog and the handler. These laws include;

  • 1). Animal Accommodation Laws – this law prevents the discrimination towards the service dog in all public areas, including housing and public transportation. This law also states that no additional fees can be charged to the disabled individual for having a service dog.
  • 2). Criminal Interference Laws – most of the states protect the service animal from criminal interference, theft, and assault. Some states like California charge up to a $10,000 fine and/or a one-year imprisonment for intentionally causing harm to a service dog. Other states view any willful interference with a service dog as a misdemeanor offense. The only states that do not appear to have this law in place are Alabama, Alaska, Iowa, Maryland, Montana, and West Virginia.
  • 3). Licensing Laws – approximately half the states have waived the licensing fee when it comes to service animals. However, some states may require proof that the service dog is needed or even an affidavit before this law will be in effect.
  • 4). Disabled Pedestrian Laws – also known as the “White Cane Law,” this is put into place to protect the service dog and individual when crossing streets and intersections. This law requires all drivers to use reasonable precautions before proceeding as may be necessary to avoid injury to a person and the service dog.
  • 5). Service Animal Misrepresentation Laws – 18 states consider it a misdemeanor crime to fraudulently represent the need for a service dog. This includes those individuals using a service dog vest, orange leash or harness on an animal other than one that has been defined as a service dog in that state.

Because laws may vary from state-to-state, it’s always best to look into your city’s requirements concerning a service dog.

Service Dog Training

Since a service dog is a working animal, the training it has is extensive. In fact, it can take up to 2 years to fully train a dog for service. However, there are no federal guidelines on how long it takes to train a service dog and training time will vary depending on the dog’s temperament, intelligence, and age.

Two important areas the service dog is trained in are public access and the disability-related task(s).

  • 1). Public access training ensures the dog is well behaved and always under its handler’s control. Examples of public access training the canine has are;
    • – No barking
    • – No lunging
    • – No begging for food
    • – No jumping on strangers
    • – A service dog’s attention and focus must always be on its handler and not its surroundings or the activities going on in the area.
  • 2). The second part of the service dog’s job is to be trained in the specific disability-related task. This can include;
    • – Getting medication from medical bag
    • – Picking up dropped items for handler such as wallet or keys
    • – Alerting the handler to a drop in blood sugar or of an oncoming seizure
    • – Calling emergency services
    • – Opening doors or drawers

service animal training

Should My Service Dog Wear a Vest?

Although it is not required by law for your service dog to wear a vest, it’s is recommended. Service dog vests alert the public to your need for this animal. This reduces the hassle you may encounter with owners/managers of public places, such as restaurants and movie theaters.

The service dog vest also tells the general public to not interact with your dog because its focus needs to be on you. This is especially important if your disability is not obvious such as those who suffer from seizures, to migraines, or anxiety/depression.

Does My Service Dog Need a Letter of Certification?

As long as your disability falls under the ADA list, and your dog is performing a task for yourself, you do not need a letter of certification for your service dog. However, you may want to register your dog with Service Dog Certifications for convenience and security. Service dogs are not required to be registered or certified under the ADA.

Service dog agencies provide the handler with a custom identification card and certificate that will comes with a number of benefits. In addition, your dog will also be listed in the national databank of service dogs for third party verification.

Do I need a Service Dog or Emotional Support Animal?

As we defined earlier, a service dog must be able to perform a task that the individual cannot do for themselves and that individual must have a disability that is listed by the ADA. Some people may not fall within these parameters. In these cases, an emotional support animal may be recommended.

The emotional support animal does not require any specialized training but is purely there to offer unconditional support, love, and companionship to those that suffer from an emotional or mental disability.

The ESA can be of any species and are still allowed some rights under Federal law. Emotional support animals now have to be accepted into “no pets” policy rental homes/apartments and also into the cabin of an aircraft at no additional cost to the handler.

Unlike a service dog, emotional support animals are required to have an ESA letter from a licensed therapist.

Service Dog Benefits

Service dogs serve those individuals that need them the most. If you have a disability ask your healthcare professional if a service dog may be a benefit to you. Don’t stop living a normal, active life if a service dog can be that extra helping paw you need.

 Service dog registry

| Laws

About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.

18 comments

  1. Sophia says: April 15, 2019

    Do I need to give landlord others documents after I show him service dog ID ?

    Reply
    • Brian says: April 15, 2019

      Landlords cannot request or require documentation.

    • Julia Waller says: July 4, 2019

      I’m from New York State.I have an emotional support dog which I left with a boyfriend while I went to work.When I went to pick up my dog he didn’t answer the door.I guess he decided he was my exboyfriend and refuses to give my dog back.I called the police and was told possession is 9/10 th of the law.I guess I’m confused because I have all the paper work and he is registered as an emotional support dog to me,so as a person with emotional issues do I have any right?

  2. Kenneth says: May 29, 2019

    I have heart flutters and a murmur, which act up when I get over active or over tired, Casper will jump up on my lap and lean his body against me and not allow me up until my heart calms down

    Reply
  3. jen says: November 10, 2019

    I need a ESA but I would also like him to be a therapy dog for the elderly in nursing homes. Can a dog be both?

    Reply
  4. Amy says: February 15, 2020

    Can I take my dog to any AirBNB like I could to any hotel?

    Reply
    • Bruce says: November 9, 2020

      Yes, it is a violation of both Airbnb and ADA regulations. Even if the Airbnb owner has a no pet or dog policy.

  5. Barb Edwards says: February 24, 2020

    I am looking to adopt a dog and was wondering if someone can refer me to who I would contact to find a dog fit for my needs, and help financially to pay for a certified seizure alert dog. Help?

    Reply
  6. katherine says: November 27, 2020

    If I get a puppy to have as my ESA and / or service dog, would it be best to get the ESA certification before the service dog certification? I’m unclear as to timing on these? I have AutoImmune and would like to have my dog with me at all times, even on planes (Do you know if a 40 lb. can ride with me in the cabin without having to purchase another seat?)

    Reply
    • Peter says: December 18, 2020

      An ESA and a service dog fulfill different purposes and are not part of the same process. The ESA simply helps reduce symptoms of the disability with their presence and only has limited access rights. Service dogs are trained to fulfill specific tasks the owner cannot do in times of need. An ESA requires a letter from a licensed mental health professional, while service dogs are for individuals who need a dog that performs tasks related to their physical or mental disability. As for the weight and size of the dog on airplanes, you may consult with the airline prior to booking for their rules on traveling with assistance animals. You may find this article on the difference between ESA’s and service dogs interesting https://www.servicedogcertifications.org/is-an-emotional-support-animal-same-as-a-service-dog/

  7. Clifton Cummings says: April 7, 2022

    Our cats would alert us to an oncoming seizure, and keep us from dissociating, does this count as a service for our handicap?

    Reply
    • SDC says: April 8, 2022

      Unfortunately cats cannot qualify as service animals, under ADA rules only dogs are allowed to serve as service animals.

  8. william alldaffer says: May 20, 2022

    there is no license or certification for a service dog needed or required by the federal law under the ADA.Gov website. Anyone telling you other wise is a liar and trying to get money from you for a fraudulent document. If anyone asks for you to provide said documents they don’t know what the laws are and need to be educated.

    Reply
    • SDC says: May 23, 2022

      That is correct, you do not need any type of documentation, including a certification or license, to prove that you own a valid service dog.

  9. Pati says: March 15, 2023

    There is a ‘service dog’ living in a senior building who displays aggressive behaviour by lunging at people and other pets, barking, snarling and has even pushed a 88 year old woman up against wall due to his advancing in her direction. Terrified of dog. Owner insists dog won’t do harm and lets him off leash whenever she takes the notion. Also owner has bad knees and dog has pulled her on her face at least once to my knowledge. Management fails to pursue issue due to service animal requirements and we are basically paying rent to remain on constant alert when leaving units, common areas or exit doors. Help!!! Where do we turn

    Reply
    • SDC says: March 16, 2023

      An assistance animal that is acting aggressively towards others can be denied accommodation in housing. A service dog must be under the control of its handler at all times. It is up to your building management to intervene if the situation is creating a safety hazard for other tenants.

  10. Lori DeLorenzo says: January 12, 2024

    I totally agree and i have Multiple Sclerosis. My dog helps with balance walking problems. Their are two gentlemen in my apartment complex that go out of their way to provoke her to the point she thinks they are coming at me. She has lunged at them and did not bite them but they antagonize her every time they both see me outside or in the hall way. One of the gentleman yell at her and throws his hand at her or stomps at her , but she gets very upset at them. Its only these two people that shows acts of aggression. One other lady in our complex does not show agression but does tell her Standard Poodle to watch my dog. Bottom line is there rights to protect my dog from people just starting trouble.

    Reply

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