What Does the Americans with Disabilities Act Say about Service and Emotional Support Animals?

Three Classes of Animals

1. Pets are animals living with owners for purposes of love, affection, and company.
2. Emotional Support Animals provide some therapeutic benefit to persons with mental or psychiatric disability, requiring no specific training. The mere presence of this animal mitigates the effects of the emotional or mental disability.
3. Service Animals are any animal individually trained to do work or perform tasks for the benefit of an individual with a physical, intellectual, or mental disability (i.e., guiding individuals with impaired vision, providing protection or rescue work, pulling a wheelchair, or fetching dropped items.)

Americans with Disabilities Act (Titles II and III)

•  Congress intended that public places take necessary steps to accommodation service animals and ensure that individuals do not get separated from their service animals.
• Only protects service animals in public places (not emotional support animals, and does not touch private residences)
• Access to public services, programs, activities, and accommodations of government or private entities.
• Entity must provide policies to allow a person with a service animal access to the goods and services offered by the entity
• Implemented and enforced by the U.S. Department of Justice (DOJ)
• DOJ publishes a guide for businesses addressing practices regarding service animals, available at http://www.ada.gov/business.htm#Anchor-AD-11481.
• Cannot charge handler fees or surcharges to have service dog accompany them in public places.
• Public accommodation may ask an individual with a disability to remove a service animal from the premises if:
• The animal is not housebroken.
• The animal's presence or behavior fundamentally alters the nature of the gods or services that the public entity provides.
• The animal is out of control and the animal's handler does not take effective action to control it.
• The animal poses a direct threat to the health and safety of others that cannot be eliminated by reasonable modifications.
• Cannot require documentation that the animal has been certified or licensed as a service animal and the animal need not wear any special collar, harness, vest, emblem, or other means of identifying as such.

What Does the Fair Housing Amendments Act of 1988 Say about Service and Emotional Support Animals?

Three Classes of Animals

1. Pets are animals living with owners for purposes of love, affection, and company.
2. Emotional Support Animals provide some therapeutic benefit to persons with mental or psychiatric disability, requiring no specific training. The mere presence of this animal mitigates the effects of the emotional or mental disability.
3. Service Animals are any animal individually trained to do work or perform tasks for the benefit of an individual with a physical, intellectual, or mental disability (i.e., guiding individuals with impaired vision, providing protection or rescue work, pulling a wheelchair, or fetching dropped items.)

Fair Housing Amendments Act of 1988

• Refusal to make reasonable accommodations in rules, policies, practices, or services when necessary to provide equal opportunity to use and enjoy a residential dwelling is discriminatory (i.e., waiver of a "no pets" rule.
• Landlords must modify said policies, practices, or procedures to permit an individual with a disability to use, own, and live with a service and/or emotional support animal when doing so is necessary to provide a tenant an equal opportunity to use and enjoy the dwelling.
• Persons who wish to obtain and live with an emotional support or service animal may have to present documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support which mitigates at least one identified symptom of the disability.
• Landlords cannot:
• Ask a tenant to pay a deposit, fee, or surcharge in exchange for having a service or emotional support animals, even if they require such a practice from owners who wish to obtain pets in their dwelling.
• Require that an emotional support animal have any specific training.
• Require the service or emotional support animal to wear or carry any special collar, harness, vest, emblem, or other means of identifying as such.
• Inquire about the extent of the disability or ask for detailed medical records for the individual requesting the service or emotional support animal.
• A person with a disability may, however, be charged for damages caused to the premises by their emotional support or service animal.

Service Animals in Housing and Public Places

Are There Guidelines about Service Animals in Housing and Public Places in Iowa?

Federal, state, and some local laws require that housing providers and places normally open to the public must allow trained service animals to accompany people with disabilities onto the premise. This includes businesses, agencies, government offices, health clinics, and covered dwellings.

A service animal is any animal that has been trained to perform tasks for the benefit of a person with a disability. Under the law, a service animal is not considered a pet. Dogs are the most common service animals, but other species (miniature horses, monkeys, birds, cats, etc.) also can be service animals. Service animals can perform many types of tasks for someone with a disability.

Guide dogs are used by people who are blind or visually impaired. Other service animals are trained to alert a deaf person to sounds, to alert an individual with seizure disorder to an oncoming seizure, to carry and pick up things for someone who uses a wheelchair, or to help with balance, with example.

There are no legal requirements for service animals to be specifically identified. Some (but not all) service animals wear special vests and harnesses. Some (but not all) are licensed or "certified" and/or have identification papers.

"No pets" policies do not apply to service animals. You must make an exception for them.

Responsibilities:

• Businesses cannot require a person with a disability to show proof of a disability or certification of a service animal's status. They may ask a person with an animal if it is a service animals required because of a disability, if they are not certain that an animal is a service animal. Housing providers may request verification if the disability or need for the service animals is not obvious or otherwise known.
• Businesses and housing providers cannot restrict the areas where a service animal may go. A service animal must be allowed to accompany a person with a disability everywhere that people may normally go, unless the animal's presence creates a basic change to your business operation or threat to safety.
• Businesses and housing providers cannot restrict access to service animals because of health regulations. The Americans with Disabilities Act (ADA) takes priority over local and state laws or regulations. The only exception is a hospital operation room; however, patient rooms are not restricted.
• Businesses may exclude a service animal from the premises when its behavior poses a direct threat to the health or safety of others. Businesses do not have to accommodate a service animal when doing so would result in a fundamental alteration to the nature of the business.