Photo by Janusz Walczak on Unsplash
Most of us have been out and about, shopping at the mall or grabbing a bite at our favorite restaurant, and we’ve seen a service dog, sometimes in a vest, accompanying their owner. While service animals are a familiar sight, not everyone realizes they’re not pets, and while we might be tempted to ask to pet them, they’re working animals with an important purpose. Understanding what service animals are, and their rights under the law, is important whether you have a service animal or not.
What is a service animal?
A service animal, according to the legal definition, is not a pet. The American with Disabilities Act (ADA) defines a service animal as a dog of any size or breed, or a miniature horse, who has been trained to help an individual with a disability with a specific task.
A service animal may assist an individual with diabetes, warning them when their blood sugar is low, alert someone with epilepsy to an oncoming seizure, or provide emotional support after a panic attack. Service dogs are highly trained in specific tasks.
Where are service animals allowed?
Service dogs are permitted in places – hotels, hospitals, museums, restaurants, schools, shops, sports venues, and other public areas – where Emotional Service Animals (ESA) and pets may typically not be allowed. The ADA ensures that service dogs are allowed in dorms/housing at private and public universities, emergency shelters, government buildings including courts, and state, county, or city-run public housing.
Buses, cabs, Uber, Lyft, and other forms of public transportation must also allow service animals.
What is the difference between a service animal and an emotional support animal?
Chances are pretty good you’ve heard someone mention they have an acquaintance or a loved one with an emotional support animal (ESA) or they are going to apply to have their pet qualified as one. Unlike service animals, emotional support animals aren’t limited to dogs. ESAs can be dogs, cats, rabbits, hamsters, or typically any domesticated animal. Like service animals, they are not considered pets by the law.
Those with emotional support animals are legally protected from housing discrimination and can generally live in rental accommodation that is not pet-friendly. ESAs are not subject to any applicable pet deposits or pet rent. However, ESAs do not have to be permitted in stores and restaurants like service animals do.
The Law & Service Dogs
Sometimes identifying a service dog is simple: They may be wearing a special vest, collar, or harness. However, not all service dogs have accessories identifying them as such. If you have a service dog who’s not identified, a business owner – someone who runs a shop or a restaurant, for example – is allowed to ask if your dog is a service animal for a disability and the specific task for which they are trained to help.
The ADA does not allow them to request proof your dog is licensed or certified (not all service dogs are), nor can they ask that the dog illustrate how they assist you. You and your service animal cannot be asked to leave a public place unless your dog causes a disruption or poses a risk to others.
Neither the ADA nor Pennsylvania requires service animals to be certified or licensed.
Living with Service Dogs
One important thing to remember is service animals are not pets, which means different rules apply when it comes to housing. While the ADA defines service animals as only dogs or miniature horses, the Fair Housing Act is more flexible. As a result, service animals and ESAs, for the purpose of housing, can generally be a domesticated animal – dog, cat, rabbit, bird, and so on.
The Fair Housing Act protects the right of individuals to live with a service animal or emotional support animal (ESA) in rental housing by requiring housing providers to make “reasonable accommodations” for them.
Reasonable accommodations mean the landlord or property owner cannot:
- Deny a service animal (or ESA) even if they own a pet-free property.
- Charge pet rent.
- Charge other pet-related fees.
- Charge a separate pet deposit. However, if your service animal or ESA damages your rental home, the landlord can legally charge you for those damages.
You will still be responsible for your service animal, including cleaning up after them and ensuring their vaccines are all current and they do not make an excessive amount of noise that could disturb other residents.
While property owners must allow service animals in no-pet buildings, there is a caveat. If your service animal threatens the safety or health of others, they can be barred from living in a building. However, for the property owner to claim there is a direct threat, they must also provide evidence that housing the service animal poses a risk.
If you’re looking for housing with a service animal, be prepared with documentation of your need for them. Property owners are permitted to require documentation that shows how your service animal relates to your disability.
Knowing what rights you have as someone with a service animal will make it easier to advocate for yourself, if issues should arise, whether you’re heading out to your favorite restaurant or attraction or looking for a new place to live.
