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Of Course Service Animals Are Not Pets!

Of Course Service Animals Are Not Pets!

Service animals and assistance animals are not pets. Whether a dog or a miniature pony, they are crucial for someone with visual, hearing, motor or mental disabilities to perform daily activities and live independently. Assistance animals can alert people to an impending seizure or the presence of allergens; they can retrieve items such as medicine or the telephone. They can provide crucial emotional support.

As of Tuesday, the federal government has made it clear that service animals and assistance animals must be viewed differently than pets when it comes to housing. Landlords are required to provide accommodations for individuals with disabilities requiring the support of service animals and other assistance animals that “perform tasks, provide emotional support or otherwise alleviate the impact of a personís disability.”

John TrasviŮa, assistant secretary for fair housing and equal opportunity at the U.S. Department of Housing and Urban Development, notes that his department’s most-recieved discrimination complaints are “disability-related complaints, including those that involve assistance animals.” A glance at this list of cases related to assistance animals and housing laws confirms the extent to which individuals with disabilities are limited in their housing options or even denied housing on the (incorrect) grounds that their animals are pets.

The government notice (pdf) now spells out the responsibilities of housing providers under both the Fair Housing Act (which covers nearly all types of housing including privately owned housing and federally assisted housing) and the Americans with Disabilities Act (which applies for some public accommodations including shelters, assisted living facilities and housing at places of public education).

The ADA is quite specific in its definition of a “service animal”: They are †described “narrowly as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” The government’s notice clarifies that landlords are to accommodate individuals with disabilities who use service animals and also other assistance animals. Besides dogs, miniature horses and cats can be emotional support animals.

Under the Fair Housing Act, landlords must provide “reasonable accommodations” to individuals with disabilities who need the assistance of an animal. Accordingly, pet restrictions cannot be used to limit or deny housing to those relying on assistance animals and housing providers cannot charge individuals with disabilities a pet deposit.

The government also makes it clear how much medical and other private information a person must provide to a housing provider. A landlord may request documentation about a person’s disability and/or their need for an assistance animal due to their disability when that disability is “not readily apparent or known to the provider” — when, for instance an individual needs an animal for emotional support. But the housing provider may not request “access to medical records or medical providers or provide detailed or extensive information or documentation of a person’s physical or mental impairments.”

“An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability,” the federal notice underscores. Landlords may not be too happy about the new clarification of the Fair Housing Act. It is truly good news for individuals who rely on service and assistance animals. The government’s notice shows the greater embracing and understanding of the often essential and life-saving role that animals can play in people’s health.

 

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209 comments

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7:30PM PDT on Aug 18, 2013

Thank you!

10:58PM PDT on Jun 15, 2013

hate the bit about landlords getting info on why you need the animal even if its "limited" because im aware of how fast information spreads&have seen the disabled targeted because of knowledge of their disability...seen it firsthand. hoping that documentation is very limited.

6:15AM PDT on Jun 10, 2013

Great article/ One addition I would like to see now is verified licensing of service animals. The idea of answering a facebook ad and getting "credentials to take your dog anywhere" is wrong, and not doing justice to real service animals.

9:57PM PDT on Jun 9, 2013

Thanks.

8:42PM PDT on Jun 9, 2013

Beautiful story. People need to be more aware of service animals and respect them; they perform miracles.

5:18AM PDT on Jun 9, 2013

Hope it helps raise awareness on respecting them and animal welfare in general

4:03AM PDT on Jun 9, 2013

But some service pets do more than others.

6:16PM PDT on May 14, 2013

animals are the best. clever and they help us we need them and yet MAN treats them like shite.

1:11PM PDT on May 11, 2013

Thank you for sharing.

8:01AM PDT on May 11, 2013

Service animals are helpers of people. They must be treated with care and respect.

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