In Practice
The question what is a service animal has a specific legal answer. Under the Americans with Disabilities Act, a service animal is a dog that has been individually trained to do work or perform tasks directly related to a person's disability, such as guiding someone who is blind, alerting to a seizure or retrieving items. Miniature horses are covered under separate ADA rules. Under federal fair housing rules, service animals are one kind of assistance animal, and requests are handled as reasonable accommodations.
In practice, your pet policy does not apply. No pet deposit, pet rent or pet fee, and no breed or weight limits just because of the animal. When the disability and the need are obvious, such as a person using a guide dog, do not ask for anything. When they are not obvious, you may ask whether the animal is needed because of a disability and what task it was trained to perform. You cannot require paperwork, a demonstration, a vest or a certification.
Example: a resident arrives for a tour with a dog and says it is a service animal. You ask the two permitted questions, note the answers in the file and continue the tour as usual.
The common mistake is mixing up service animals and emotional support animals, then applying the wrong rules, or asking invasive medical questions. A service animal can be removed if it is out of control and the owner does not fix it, or if it is not housebroken. Rules vary by state and city, so check local law before setting policy.
Not to Be Confused With
A service animal is trained to perform tasks for a person with a disability. An emotional support animal offers comfort and does not require task training.
Service Animal: Common Questions
What questions can you ask about a service animal?
When the need is not obvious, you may ask if the animal is needed because of a disability and what work or task it was trained to do. You cannot ask for proof of the disability or training.
Can you charge a pet fee for a service animal?
No. A service animal is not a pet, so pet deposits, pet rent and pet fees do not apply. The resident can still be responsible for damage the animal causes.
Are service animals and emotional support animals the same?
No. A service animal is trained to perform specific tasks. An emotional support animal gives comfort through its presence and needs no task training.
