FAQs & The Law
The Law
A Service Animal is defined as a dog who is trained to
perform a specific task for a person with a disability.
It is not behavioral training.
Emotional Support Animals are just pets that
make you feel good but have limited federal law support.
Service Dog Rights = Civil Rights
Service dog violations are taken very seriously by HUD and DOJ. We file complaints with you when necessary to both of these governemental agencies.
ADA - The Americans with Disabilities Act
The ADA protects peoples with disabilities from discrimination. Disability rights are civil rights. From voting to parking, the ADA is the law that protects people with disabilities.
ADA - Owner/handler qualifications
https://adata.org/factsheet/ada-definitions
What is a Disability Under the ADA?
The ADA defines a person with a disability as someone who:
- Has a physical or mental impairment that substantially limits one or more major life activities, or
- Has experienced certain high stress situations, has a learning disability and/or has had their life impacted by anxiety or depression EVER
- Has a history or record of an impairment (such as cancer that is in remission), or
- Is regarded as having such an impairment by others even if the individual does not actually have a disability (such as a person who has scars from a severe burn that does not limit any major life activity).
ADA - Service Animal Qualifications
DOJ - Department of Justice
https://www.ada.gov/resources/service-animals-faqs/
When necessary, we complete all necessary paperwork to file a complaint with the DOJ for our clients and work as a team with our clients to get the best possible solution.
FHA - Federal Housing Act
The Fair Housing Act (FHA) is the federal law that prevents discrimination against tenants in their homes.
Service Animals are not pets. There is no official certification or training for assistance animals and they can assist in a wide variety of ways. Breed, size and weight restrictions do not apply to service animals.
People renting apartments, renting house or living in senior living centers must be allowed to have their service animal with them and cannot be charged a pet deposit or any monthly fees.
HUD - U.S. Department of Housing and Urban Development
The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. HUD enforces the Fair Housing Act.
We complete all necessary paperwork to file a complaint with HUD for our clients and work as a team with our clients to get the best possible solution.
ACAA -Air Carrier Access Act
https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals
US Department of Transportation enforces the ACAA. Service Animals fly free when following airline guidelines.
We complete all necessary DOT travel paperwork for our clients.
If there is an issue, we complete all necessary paperwork to file a complaint with the DOT for our clients and work as a team with our clients to get the best possible solution.
EEOC - Equal Employment Opportunity Commision.
The Equal Employment Opportunity Commission (EEOC) is responsible for administering the ADA in employment.
We will work individually with our clients who have issues in the work place.
https://www.govinfo.gov/content/pkg/GOVPUB-L41-PURL-gpo13044/pdf/GOVPUB-L41-PURL-gpo13044.pdf
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
https://www.govinfo.gov/content/pkg/GOVPUB-L41-PURL-gpo13044/pdf/GOVPUB-L41-PURL-gpo13044.pdf
This ruling set the bar for the rights of service dog owners in March, 2021. A dog owner can train his/her own service animal. No vests or tags are necessary and no licensure, certifcation or registration is required.
STATES
https://www.animallaw.info/topic/table-state-assistance-animal-laws
A specific state may have some other rulings/laws. We help you negotiate those individually. Importantly, 47 states give Service Animals in Training the same complete rights of trained Service Animals. Hawii, Washington and Wyoming do not.
Frequently Asked Questions
WHY is a Service Animal a better choice than an Emotional Support Animal (ESA)?
Service Animals are dogs that have been task trained to assist their owner. They need to be reasonably well behaved and potty trained. They are protected by law. They can fly for free, the personal medical information is HIPPA protected and the service animal can go anywhere the owner is goes. They actually directly help the owner.
An ESA is a pet dog that makes you feel better. There is no training. A letter from a therapist, psychologist are doctor is needed and your psychiatric/psychologic reason for needing the dog is public record. Because of the rampant fraud surrounding emotional support animals, they can no longer fly for free and are no longer allowed in many places including restaurants and many stores.
What makes you qualified to own a Service Animal?
To qualify for a service dog, you must have either a mental or physical disability that can interfere or does interferes with at least one aspect of your life. Having anxiety issues or surffereing from depression in the past qualifies you to have a service animal. You do not need an official diagnosis from a healthcare provider.
What are the qualifications for a Service Animal
Under the ADA, Title II and III, a service animal must be a dog (or miniature horse) that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The dog must be reasonably well behaved and potty trained.
What questions can be asked to determine if a dog is a service animal?
ONLY 2 QUERSTIONS CAN BE ASKED:
(1) Is the dog a service animal required because of a disability?
(2) What task has the dog been trained to perform? —————They cannot ask to see it performed.
No one is allowed to request any documentation for the dog or inquire about the nature of the person’s disability.
Are service animals required to be trained by a professional?
No. Thanks to the Ninth Circuit Court oif Appeals (March 2021) and the ADA, people with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program. The decision was made because the extreme costs for service animal training prohibited normal people in need from being able to afford a service animal.
Do service animals have to wear a vest, patch or harness identifying them as a service animal?
No. The ADA does not require service animals to wear a vest, ID tag or specific harness. Sometimes, it might make certain situations easier but is not required by law.
Do I need to certify, register or get a license for my service dog?
The Ninth Circuit Court of appeals (March, 2021) clearly stated that no licensure, registration or certification is necessary for a service animal.
There are no official organizations that oversee service dogs, certifies, registers or licenses them. That is all interent fraud. The websites that use USA or American in their name are specifically designed to confuse you and force you to pay more moeny becausae of their fradulent claims and misrepresentations.
There are specific types of diabilities, the blind for example that might have certification bodies and different rules, but that is specific to the disease and not to service animals.
Can my apartment complex deny my pit bull service animal
Landlords cannot deny any service animal because of the breed, weight or size of the dog.
If I qualify for a service animal, will I get my pet deposit back?
We do not guarantee you will get it back, but we guarantee we will try. If the landlord or apartment complex does not return the deposit, then we will file a complaint with HUD (The United States Department of Housing and Urban Development) with you. Often, the management will not want to deal with HUD and have them come investigate and review everything related to disabilities so they will return the deposit. If not, then HUD will help decide the obligatory action. This is not under our money back guarantee.
What happens if my service animal barks?
Service animals are dogs and not robots. It is a myth that a service animals cannot bark. It is, however, the responsibility of the owner to make sure the service animal is under control at all times. If the owner is unable to control his service animal then the owner should remove the animal from the activity or scene immediately. One or 2 barks is acceptable but any more than that the animal needs to be taken away from the scene and not return until the owner is in complete control.
What do I do if my service animal poops or pees?
Service animals need to be potty trained, however accidents can happen. In our view, it is the responsibity of the owner to clean up after his/her service animal. If it happens repeatedly then the owner should work with the animal through some sort of remdial training to correct the problem.
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