Hotels can charge for accommodating service dogs, but only under certain circumstances. This is because the Americans with Disabilities Act (ADA) requires hotels to make reasonable modifications to their policies to accommodate guests with service animals.
In some cases, hotels can charge a fee for cleaning or damage caused by a service dog. For example, if a service dog has an accident in the hotel room, the hotel may charge the guest for the additional cleaning.
However, hotels cannot charge a fee for the service dog itself. This means that hotels cannot require guests to pay for the dog's food, veterinary care, or other expenses.
Service Animals in Hotels
Hotels are required to accommodate service animals under the ADA, and this means allowing them in all areas of the hotel, including the pool area, gym, and restaurants, without charging an extra fee.
You can't be charged an additional deposit at check-in just because you have a service dog, and cleaning fees due to the service dog are only allowed if the dog causes a mess or property damage beyond normal wear and tear.
Hotel staff are allowed to ask two verification questions about your service dog: is the dog a service animal required because of a disability, and what work or task has the dog been trained to perform.
If the task is apparent, such as a seeing-eye dog or wheelchair-related dog, the staff has no right to inquire further. You can politely remind them of the ADA's rules if they ask for more information.
Hotel staff can't insist on seeing documents as a condition of entry, but you can present your service dog certification and identification card to help alleviate tension.
If the hotel staff continues to insist on seeing documents or ask prohibited questions, you can point them to the ADA's FAQ document or calmly remind them of the two allowed questions.
Hotel staff should also follow basic rules of conduct around service dogs, such as not petting or speaking to the dog, and not distracting or feeding the dog.
Here are the two verification questions hotel staff are allowed to ask:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Hotel operators who don't comply with ADA rules can face legal repercussions, including lawsuits and fines, as seen in cases like the Comfort Inn in Guilford, Connecticut, and the Deerfield Inn & Suites in Alabama.
Hotel Policies and Laws
Hotels are not allowed to charge an extra fee for a service dog, as stated in the Americans with Disabilities Act (ADA). This means that your service dog can stay in the room and common areas without being charged additional pet fees.
According to the ADA, hotels can only ask two verification questions about a service dog: if the dog is a service animal required because of a disability, and what work or task the dog has been trained to perform. They cannot ask for documentation or proof of registration.
If a hotel staff member asks for more information than allowed, you can politely inform them that they are only permitted to ask the two questions specified in the ADA. You can also remind them that they are required to follow the hotel's own rules and policies regarding service animals.
Expand your knowledge: Are Service Dogs Allowed in National Parks
Hotels and Dogs
Hotels cannot charge an extra fee for a service dog as they would a guest with a pet.
Service dogs are allowed in areas like the pool area, gym, and restaurants without charge. They can even stay in your room without an additional deposit at check-in.
However, if your service dog causes a mess or property damage beyond normal wear and tear, the hotel can charge you for cleaning or repairs. For example, if your dog sheds excessively and causes a mess, the hotel might charge you for the extra cleaning.
Hotels can also charge you for damages caused by your service dog if it's their policy to charge non-disabled customers for the same types of damages.
No Pets Allowed
A "no pets" policy at a hotel can be a challenge for travelers with service animals. A service animal is not a pet, and the Americans with Disabilities Act (ADA) requires hotels to make an exception to their "no pets" policy.
However, if a service animal's behavior poses a direct threat to the health or safety of others, the hotel can exclude it. This decision must be based on the specific behavior of the animal, not assumptions about how it might behave.
If a service animal is out of control, the hotel can exclude it, but it should give the individual with a disability the option to continue enjoying the hotel's services without the animal on the premises.
Fair Housing Act Explained
The Fair Housing Act is a federal law in the United States that prohibits discrimination against people who need a support animal for their physical or mental health. It applies to landlords in all 50 states.
This law is particularly important for people who require a service dog or an emotional support animal. Under the Fair Housing Act, if you need one of these types of animals, your landlord cannot deny you housing or charge you extra fees.
The Fair Housing Act is a powerful tool for protecting the rights of people with disabilities. It ensures that people with service dogs or emotional support animals are treated fairly and with respect.
Worth a look: Service Dogs vs Emotional Support Dogs
ADA Hotel Violations
Hotels that don't comply with ADA rules can face serious consequences, including lawsuits and fines.
Hotels are required to allow service animals in all areas of the hotel, including the pool area, gym, and restaurants, without charging an extra fee.
Businesses that don't comply with ADA rules can be held accountable, as seen in cases where hotels were forced to implement new policies and train their staff to accommodate service animals.
According to the ADA, hotels cannot charge an extra fee for a service dog, nor can they require a deposit or cleaning fee unless the dog causes damage beyond normal wear and tear.
Hotels that refuse service to veterans with service dogs can face costly fines and legal proceedings.
Legitimate service dog handlers know and understand the law, and businesses that don't know the law will inevitably violate the rights of these handlers.
The ADA requires businesses to make an exception to their "no pets" policy to allow service animals, and they can only exclude a service animal if it poses a direct threat to the health or safety of others.
Businesses can ask if an animal is a service animal required because of a disability and what work or tasks it has been trained to perform, but they cannot require documentation as a condition for providing service.
Here are some general hotel rules to follow for service dog handlers:
- Your service dog must be under your control at all times, whether this is by means of a leash, hand gestures, or voice control
- Your dog cannot disturb other guests
- Your service dog cannot cause a continual noise disturbance
- If your service dog damages anything in the hotel room, you are still responsible for the cost of those damages
In some cases, a business may be able to exclude a service animal if it would result in a fundamental alteration to the nature of the business, such as a dog barking during a movie.
ADA and Disability Laws
Hotels are obligated to understand their obligations under the ADA when it comes to service dog owners. Mistreating a service dog handler can lead to costly fines and legal proceedings.
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination based on disability. It requires hotels to allow people with disabilities to bring their service dog onto business premises in whatever areas customers are generally allowed.
Hotels are not permitted to charge a cleaning fee for guests who have service animals, unless the service animal causes damages to a guest room. In that case, hotels can charge the same fee for damages as charged to other guests.
Here are some key takeaways about ADA service dog rules:
- Hotels must provide the same opportunity to reserve any available room at the hotel as other guests without disabilities.
- Hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal.
- Hotels can charge the same fee for damages as charged to other guests if a service animal causes damages to a guest room.
What Is a Service Animal
Service animals are protected under the Americans with Disabilities Act (ADA), which prohibits private businesses from discriminating against individuals with disabilities.
Privately owned businesses, such as restaurants and hotels, are required to allow service animals to accompany their owners onto business premises.
Service animals are typically dogs, but miniature horses are also allowed if they meet specific height and weight requirements.
Related reading: American Disability Act Service Dogs
Know Your Rights
Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities.
The ADA requires these businesses to allow people with disabilities to bring their service dogs onto business premises in whatever areas customers are generally allowed. This requirement extends to miniature horses, ranging in height from 24-34” and weighing between 70-100 lbs., that are deemed service animals.
Hotels, motels, and AirBNBs must comply with ADA rules, which include prohibiting staff from requiring documentation for service animals and ensuring accessibility features, such as designated parking and modified guest rooms.
Taxicab companies may not refuse to provide services to individuals with disabilities, and they cannot charge higher fares or fees for transporting individuals with disabilities and their service animals.
Businesses that don't know and understand the ADA will inevitably violate the rights of legitimate service dog handlers, but ignorance is no excuse – the information is available and easy to find on the ADA website.
Here are some key rights for individuals with service animals:
- A guest with a disability who uses a service animal must be provided the same opportunity to reserve any available room at the hotel as other guests without disabilities.
- Hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal, but they can charge the same fee for damages as charged to other guests.
- Taxicab companies may not refuse to provide services to individuals with disabilities, and they cannot charge higher fares or fees for transporting individuals with disabilities and their service animals.
Ids & Certifications
If you have a service dog, you may be wondering about the various IDs and certifications that exist. Service Dog ID is one of them.
Some service animals wear special collars and harnesses, but not all do. The same goes for licenses and certifications - some service animals have identification papers, while others don't.
Here are some examples of IDs and certifications that may be relevant:
- Service Dog ID
- Psychiatric Service Dog ID
- Emotional Support Animal ID
- Therapy Animal ID
- Public Access Test
It's worth noting that some states have programs to certify service animals, but New Hampshire does not. Businesses may not insist on proof of state certification before allowing a service animal to accompany its owner.
Animal Rights in Public Spaces
In public spaces, service animals are allowed to accompany individuals with disabilities. Businesses like restaurants and hotels must let people bring their service dogs onto their premises.
Taxicabs, including private companies, are required to allow service animals into their vehicles. This means no refusing to provide services or charging extra fees for individuals with disabilities and their service animals.
The Americans with Disabilities Act (ADA) prohibits businesses from discriminating against individuals with disabilities. This includes privately owned businesses like retail stores, theaters, and sports facilities.
Service animals can include miniature horses, which are allowed in certain areas if they meet specific height and weight requirements. These requirements are part of the ADA's rules for businesses that serve the public.
It's worth noting that service animal certification or registration documents do not convey any rights under the ADA. The Department of Justice does not recognize these documents as proof that a dog is a service animal.
Recommended read: Ada Requirements for Service Dogs
Frequently Asked Questions
What are the three questions you can ask about a service dog?
You can only ask two specific questions about a service dog: (1) is the dog required because of a disability? and (2) what work or task has the dog been trained to perform?
Are emotional support animals allowed in hotels in California?
No, emotional support animals are not allowed in hotels in California, unlike service dogs and psychiatric service dogs, which are permitted in all public places. For more information on California's service animal laws, click here.
Can someone ask me for papers on my service dog?
No, you cannot ask for papers or documentation on a service dog. Service animals are protected under the law, and inquiring about registration or certification is not allowed.
Sources
- Fact Sheet: Service Animals in Business and Public Spaces (disabilityrightsca.org)
- ADA Revised Requirements: Service Animals (ada.gov)
- animals (hud.gov)
- www.ADA.gov (ada.gov)
- Americans with Disabilities Act (ADA) (ada.gov)
- Service animals: Overview, from the US Department of Justice (ada.gov)
- Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs (hud.gov)
- New Hampshire Law: RSA 167-D, Hearing Ear Dogs, Guide Dogs, Service Dogs, and Search and Rescue Dogs (state.nh.us)
- Sample letter your doctor can use to document your need for an emotional support animal (drcnh.wpenginepowered.com)
- National Service Dog Resource Center, a Pet Partners program (petpartners.org)
- Services Animals in Places of Business-DRC Flyer (drcnh.wpenginepowered.com)
- Emotional Support Animals-DRC Flyer (drcnh.wpenginepowered.com)
- NH Governor’s Commission on Disability: Service Animals (nh.gov)
- NH Governor’s Commission on Disability list of service dog related terms & definitions (nh.gov)
- NH Governor’s Commission on Disability Frequently Asked Questions relating to service dogs (nh.gov)
- ADA’s FAQ document (ada.gov)
- Justice Department announced settlement agreements (justice.gov)
- Americans with Disabilities Act of 1990 (ada.gov)
- ADA – FAQ Service Dogs (ada.gov)
- ADA – Service Dog Requirements (ada.gov)
- Department of Transportation – Air Carrier Access Act (transportation.gov)
Featured Images: pexels.com