To get certified as an assistance animal, you'll need to go through a process that involves gathering documentation and meeting specific requirements. This process can be lengthy and requires patience.
The Fair Housing Act (FHA) is a key law that protects the rights of individuals with disabilities and their assistance animals. The FHA requires landlords to make reasonable accommodations for assistance animals.
You'll need to provide documentation from a licensed healthcare professional to support your request for an assistance animal. This documentation should include a diagnosis, treatment plan, and a statement explaining how the animal assists you.
The documentation should be specific to your needs and the assistance animal's role in your life.
What is an Assistance Animal?
Service animals are a specific type of assistance animal that are individually trained to perform work or tasks that benefit a person with a disability.
A service animal can be a dog, but miniature horses are also allowed if they are individually trained to benefit an individual with a disability and can be reasonably accommodated.
Tasks that service animals perform include turning on lights, picking up objects, providing stability, and tactile stimulation and deep pressure therapy for the handler.
Service animals can be trained to recognize and respond to cues that are not intentional commands from the handler, such as preventing or interrupting impulsive or destructive behaviors.
A service animal must be trained to take a specific action when needed to assist the person with a disability, such as alerting a person with diabetes when their blood sugar reaches high or low levels.
The dog must be trained to do specific work or tasks, and not just provide comfort or emotional support.
People with disabilities have the right to train their own service animals and do not need to use a professional service dog training program.
Service animals must be trained before they can be taken into public places, and individuals who have service animals are not exempt from local animal control or public health requirements.
Certification
Service animals are not required to be certified, but some individuals and organizations sell certification documents online, which don't carry any weight under the ADA. These documents don't prove that the dog is a service animal.
Local dog licensing and registration requirements apply to service animals, just like all dogs.
Mandatory registration of service animals is not permitted under the ADA, but some communities offer voluntary registries that serve a public purpose, like ensuring emergency staff know to look for service animals during an evacuation.
These registries are allowed under the ADA, but entities cannot require registration as a condition of being in public places, which would be a violation of the ADA.
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Types of Assistance Animals
A service animal is a dog, or in some cases a miniature horse, that is individually trained to perform specific tasks that benefit a person with a disability. These tasks can include things like turning on lights, picking up objects, or providing stability.
Service animals are trained to respond to intentional commands from their handler, and their work is not limited to a specific set of tasks - they can also recognize and respond to cues that aren't explicit commands.
Some examples of service animal work include preventing or interrupting impulsive or destructive behaviors, reminding the handler to take medication, and removing a disoriented individual from a dangerous situation.
Emotional support animals, on the other hand, are not required to have any special training or certification, and their presence is intended to alleviate symptoms of a person's disability. They are not permitted in university facilities unless approved as a reasonable accommodation by a disability authority.
Emotional support animals must always be under the control of their handler and are not required to wear a harness or cape.
For another approach, see: Emotional Support Animal
What Is an Animal?
An animal is not a service animal just because its presence benefits the individual with a disability. It has to be individually trained to perform work or tasks that benefit the person.
Service animals are typically dogs, but miniature horses can also be considered if they're individually trained and can be reasonably accommodated.
Some examples of tasks that service animals perform include turning on lights, picking up objects, and providing stability.
The work a service animal does doesn't have to be a specific command from the handler; it can be the dog's recognition and response to a situation. For instance, preventing or interrupting impulsive or destructive behaviors is a form of service dog work.
Emotional Support
Emotional support animals are any species, except restricted farm or wild animals or animals that present a health or safety risk ascertained by an individualized review, that alleviate one or more identified symptoms or effects of a person's disability.
They are not pets and could be a reasonable accommodation under the Fair Housing Act or Section 504 of the Rehabilitation Act. Unlike service animals, emotional support animals have no special training to perform a specific task.
Emotional support animals must always be under the control of the handler. They are not required to wear a harness or cape, nor do they need any training or training certification.
Here are some key differences between emotional support animals and service animals:
- Service animals have special training to perform a specific task.
- Emotional support animals do not require special training.
- Service animals are often required to wear a harness or cape.
- Emotional support animals are not required to wear a harness or cape.
You have the right to ask for a change to the "No Pets" policy in your lease as a reasonable accommodation when you can show a disability-related need for your emotional support animal. Your documentation should establish that you have a disability and that your animal gives you some type of disability-related help or emotional support.
Identifying My Service Dog
Service dogs are trained to perform specific tasks for individuals with disabilities, and they wear distinctive vests or harnesses to indicate their status. These vests are usually marked with the words "Service Dog" or "Service Animal".
The Americans with Disabilities Act (ADA) requires service dogs to be under the control of their handler at all times. This means the handler must be able to direct the dog's actions and prevent it from causing harm to others.
Service dogs are trained to respond to commands and behave in public settings, but they can still get distracted by their surroundings. In these situations, the handler may need to take steps to refocus the dog's attention.
The ADA also requires businesses to allow service dogs in all areas of their establishment, as long as the dog is under the control of its handler and not causing a disruption.
Examples
Examples of assistance animals include guide dogs for people with visual impairments, service dogs that alert people who are hearing impaired to a doorbell or alarm, and miniature horses that pull wheelchairs for people with mobility impairments.
A service dog can be trained to provide rescue assistance to someone who is prone to falls, or to alert someone to impending seizures. A cat can also provide emotional support for someone who experiences anxiety.
Some examples of assistance animals are a guide dog for someone who is blind, and a miniature horse pulling a wheelchair.
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Landlords may only ask two questions if your disability is not readily apparent or known: Is the animal required because of a disability? and What work or task has the animal been trained to perform?
Here are some examples of assistance animals that landlords may encounter:
- Guide dog for someone who is blind;
- Miniature horse pulling a wheelchair.
Types of Things
Any animal commonly kept in households can be an emotional support animal or ESA. This includes dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish, turtles, or other small, domesticated animals traditionally kept as pets.
You can have an emotional support animal that's not typically kept in households, but you'll need to provide documentation from your healthcare professional explaining why you need that specific type of animal.
Some examples of animals that are commonly kept in households include dogs, cats, and small birds. These animals are often well-suited to provide emotional support.
Reptiles, other than turtles, are not considered common household animals. This means they may not qualify as emotional support animals unless you can provide documentation from your healthcare professional explaining the specific need for this type of animal.
Here are some examples of animals that are commonly kept in households:
- Dogs
- Cats
- Small birds
- Rabbits
- Hamsters
- Gerbils
- Other rodents
- Fish
- Turtles
Rights and Accommodations
You have the right to request a reasonable accommodation from your landlord if you need an assistance animal to help with your disability. This can include a change to the "No Pets" policy in your lease.
To make a request, you should be prepared to provide documentation that establishes a connection between your disability and the help the animal gives you. This can be done in writing, and it's a good idea to keep a copy of the request for your records.
You can ask for a reasonable accommodation at any time, even if you haven't moved in yet or are already facing eviction proceedings. And, usually, your landlord must grant the request, unless there are specific exceptions.
Here are some exceptions to keep in mind:
- You have not yet moved in.
- You already have your assistance animal in your home.
- You are facing eviction proceedings.
Assistance Animal Accommodation
You have the right to request a reasonable accommodation for an assistance animal, even if you haven't moved in yet or are already facing eviction proceedings. This can be a lifesaver for people with disabilities who rely on their assistance animals for emotional support or other needs.
To request a reasonable accommodation, it's a good idea to make your request in writing and keep a copy for your records. This can help prevent any misunderstandings or disputes down the line.
You can ask for a reasonable accommodation for an assistance animal at any time, and your landlord usually has to grant your request unless there are specific exceptions. These exceptions include if the animal would cause an undue administrative or financial burden, or if it would be a fundamental alteration of the service provided.
Landlords can't exclude an assistance animal based on assumptions about behavior, breed, or a generalized fear of dogs or animals. They must consider only the behavior of the specific assistance animal in question.
Here are some examples of when a landlord may not have to grant your request:
- If the animal would cause an undue administrative or financial burden
- If it would be a fundamental alteration of the service provided
- If the specific assistance animal poses a direct threat to the health or safety of others
- If the specific assistance animal would cause substantial physical damage to property
It's worth noting that service animals are protected under the Americans with Disabilities Act (ADA), but emotional support animals are not. However, you can still request a reasonable accommodation for an emotional support animal under the Fair Housing Act (FHA).
If you're facing a dispute with your landlord over an assistance animal, you can contact the Department of Housing and Urban Development (HUD) for help. They can be reached at (800) 669-9777 or online at https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
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Business and Public Rights
The Americans with Disabilities Act (ADA) requires businesses to provide reasonable accommodations, such as wheelchair ramps and Braille signage, to ensure equal access for people with disabilities.
Many public places, including restaurants and hotels, must have accessible restrooms and parking spaces.
Employers are also required to provide accommodations, such as job restructuring or modified work schedules, to help employees with disabilities perform their jobs.
Public transportation systems must have accessible buses and trains, and drivers must be trained to assist passengers with disabilities.
Businesses that fail to provide accessible facilities or accommodations may face lawsuits and fines.
Documentation and Procedures
Housing providers are not entitled to know your diagnosis, but they may ask for documentation of your disability.
You can provide a disability determination from a federal, state, or local government agency, or a receipt of disability benefits (SSI or SSDI).
If your disability is obvious, a landlord may ask you to provide reliable information of the disability-related need for an assistance animal, which can come from a health care provider.
Here are some examples of acceptable documentation:
- A disability determination from a federal, state, or local government agency;
- Receipt of disability benefits (SSI or SSDI);
- Eligibility for housing voucher because of disability;
- Information from a health care professional confirming disability.
Your health care professional can also provide information on how your assistance animal helps with your disability-related needs.
Example Documentation:
Documentation can be a crucial part of the process when requesting a reasonable accommodation for an assistance animal. You may be asked to provide documentation that you have a disability, and there are several types of documents that can serve as proof.
A disability determination from a federal, state, or local government agency is one type of documentation that can be used. This can include a letter or document from the agency confirming your disability status.
You may also be asked to provide a receipt of disability benefits, such as SSI or SSDI. This can help establish that you have a disability and are receiving benefits as a result.
Eligibility for housing voucher because of disability is another type of documentation that can be used. This can include a letter or document from the housing agency confirming your eligibility.
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A letter or document from a healthcare professional confirming your disability can also be used as documentation. This can include information about your disability and how it relates to your need for an assistance animal.
Here are some examples of documentation that can be used:
Keep in mind that your landlord is not entitled to know your diagnosis, so you don't have to disclose that information.
Bringing Pets to the Hospital
Service animals are allowed in hospitals, including patient rooms and public areas of inpatient and outpatient mental health units. They can even go into locked mental health facilities.
However, patients must be able to care for their service animal, or arrange for someone else to do it if necessary. This is a responsibility that patients must take seriously.
Service animals may be excluded from areas of the hospital that have strict infection-control measures, such as operating rooms and burn units. This is a common practice in many hospitals.
Frequently Asked Questions
Is an ESA letter the same as an ESA certificate?
No, an ESA letter and an ESA certificate are not the same thing. An ESA letter is the only legitimate document that confirms your emotional support animal's status, while an ESA certificate is not recognized by law.
Is the US service animal Registry legit?
There is no official service dog registry in the US, so any company claiming to register your service dog is likely not legitimate. Be cautious of companies promoting "registration" or "certification" of service dogs, as they may not be trustworthy sources.
Can someone ask me for papers on my service dog?
No, you cannot ask for papers or documentation to prove your service dog's status. Service animals are protected under the law, and asking for proof can be considered harassment.
Sources
- Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs. (hud.gov)
- https://www.seeingeye.org/ (seeingeye.org)
- www.k9sforwarriors.org/ (k9sforwarriors.org)
- www.guidingeyes.org (guidingeyes.org)
- www.guidedog.org (guidedog.org)
- www.canineassistants.org/ (canineassistants.org)
- www.assistancedogsinternational.org/ (assistancedogsinternational.org)
- Fact Sheet: Service Animals in Business and Public Spaces (disabilityrightsca.org)
- Types of Assistance Animals - Office of Compliance (wisc.edu)
- HUD guidance on assistance animals in housing. (hud.gov)
- Fair Housing Project (fairhousingnc.org)
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