Service Animals / Emotional Support Animals: What You Need to Know
Posted by Mords1944 on December 18th, 2020
At a recent HOA meeting, the discussion was about which animals we should allow with no pet deposit and no pet rent. There are many sites online where pet owners can obtain documentation that their "pet" is actually a service or emotional support animal. It was agreed that this is becoming more common, often as a way to keep pets without having to pay additionally for the pet.
It turns out that there are 2 agencies that create regulations regarding these animals:
The Americans with Disabilities Act
As a landlord, if you have public areas like a leasing office or swimming pool that is open to the public, you must allow service animals to enter that public space.
According to the ADA:
Only dogs are recognized as service animals under Titles II and III of the ADA. (Be sure to read about the miniature house layout below!)
The job or task for which a dog has been trained must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Some state and local laws define service animals more broadly than the ADA. Information on these laws can be obtained from your state attorney general's office.
But that is not all!
The Department's revised ADA regulations have a new and separate provision on miniature horses that have been individually trained to work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured up to the shoulders and generally weigh between 70 and 100 pounds.)
There are 4 evaluation factors to help determine if miniature horses can be accommodated in your facility:
Is the miniature horse tame?
Another important topic covered in the ADA is what you can and cannot ask or require of service animal owners. In fact, there are only 2 questions you can ask:
Is this a service animal that is required due to a disability?
About the AuthorMords1944
Joined: September 4th, 2018
Articles Posted: 569
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