Service dogs are one of the greatest assets for people with disability. These remarkable animals take on an endless list of tasks to assist their handlers. From reminding them it is time to take medication to retrieving objects from the ground to performing tactile stimulation by pawing or licking the owner to ease a panic attack.
Given the role service dogs play for the well-being of their handlers, laws are there to protect the rights of these animals and their handlers. These protections include public access, air travel, housing, and more. These make life easier for service dog handlers and enable them to live a more independent life with their service dogs by their side.
To better understand service dog laws, we’re here to provide you with an in-depth guide. Read on as we cover everything you need to know about the laws governing service dogs.
Federal Service Dog Laws
There are a number of federal laws in place to protect service dogs, each aiming to help service dogs and their handlers in different ways.
In short, the Americans with Disabilities Act (ADA) ensures that people with disabilities can access public spaces with their service dogs, including restaurants, public transportation, and shops, without facing discrimination.
The Fair Housing Act (FHA), which also covers emotional support animals, protects individuals with a service dog in housing situations, like when renting an apartment. It requires landlords to make reasonable accommodations, such as waiving a no-pet policy in the rental agreement or lease, so that people with disabilities aren’t denied housing because of their service dog.
The Air Carrier Access Act (ACAA) allows service dogs to accompany their handlers on flights, including in the passenger cabin, without being subject to breed or weight restrictions (there are exceptions to this, which we will cover in detail below).
All these laws create a strong framework of protection for service dogs and their handlers across key areas of life. However, service dog handlers must understand these laws in full. Just as service dogs and handlers have rights under these laws, business owners, landlords, and airlines also have the right to deny service dogs.
Due to this, it is critical to understand service dog laws in order to know when and where a service dog handler can enforce their rights. Below, we cover each of these federal laws in detail to help handlers and others who interact with service dogs on a daily basis better understand service dog laws.
The Americans With Disabilities Act (ADA)
First and foremost, let’s cover what a service dog is under the Americans with Disabilities Act. According to the ADA, a service dog is a dog individually trained to perform a specific task(s) for a person with a disability. When it comes to the disability, it can be psychiatric, like anxiety, PTSD, depression, or physical, like mobility impairment or visual impairment.
Because of how important they are for the handler to live an independent life, the ADA guarantees that service dogs can accompany their handlers in all public places that serve the general public. Some of the examples of this include:
- Restaurants and cafes
- Public transportation (including taxis and ride sharing)
- Hospitals and medical offices
- Hotels and other stays, including Airbnbs
- Stores and malls
- Government buildings
When entering such public spaces, businesses and other entities can question whether a dog is a service dog. However, the ADA is very clear about what questions they can ask to determine this. Under the ADA, staff may only ask the following two questions:
- Is the dog a service dog required because of a disability?
- What work or task has the dog been trained to perform?
Besides these two questions, asking for documentation or requiring the dog to demonstrate the tasks they’re trained for is strictly forbidden. Otherwise, the business owner or other entities could be liable for violating the Americans with Disabilities Act, which can have legal consequences.
Exceptions to the ADA Protections
While the Americans with Disabilities Act grants these protections, it is important to note that service dogs must be under the handler’s control at all times, typically with a leash, unless it interferes with the service dog’s ability to perform tasks for the benefit of the handler.
If the dog isn’t well-behaved and housebroken, and the handler can’t get the dog under control, businesses and other entities can ask for the service dog to be removed. This applies to all the public spaces where a service dog can accompany its handler, whether they have a no-pet policy in place or not.
Therefore, a service dog must be well-behaved at all times, which is a critical component of service dog training, where trainers incorporate a wide range of distractions as part of training. This is not only critical for service dogs to continue having public access rights, but also to ensure the service dog stays on task to assist the handler.
The Fair Housing Act (FHA)
The Fair Housing Act protects individuals with disabilities from discrimination in housing, which covers service dogs, as these animals are needed because of a disability. It ensures that service dogs can live with their owners, even if the housing has a no-pets policy.
However, this law doesn’t grant service dogs the right to live with their owners automatically. There’s a process that handlers must follow in order to get the housing benefits. The tenant must inform the landlord or the property manager.
For this, a simple written or verbal statement is enough, though written requests are generally better to keep the request recorded. Even a simple email or text message stating that the tenant has a disability and needs their service dog as a reasonable accommodation under the FHA is enough.
Since service dogs don’t require any documentation and the handler’s disability is private information, the landlord cannot request any medical records, training certificates, or other documents proving the tenant’s disability or the service dog’s training.
The landlord must consider the accommodation request and get back to the tenant promptly. Unless the tenant’s request falls under the FHA exceptions, they must accept it, which brings us to our next topic below.
Exceptions to the FHA Protections
Although landlords must accept the tenant’s accommodation request in most cases, they have the right to deny it under the FHA, but only in the following situations:
- The service dog poses a direct threat to the health or safety of others (e.g., growling at other tenants or barking excessively)
- The service dog would cause substantial property damage (e.g., a large service dog repeatedly damaging special hardwood flooring that’s costly to repair/replace)
- The service dog’s presence would cause a financial burden (e.g., bringing a service dog into a tiny historic apartment unit and requesting the landlord to build a special fenced-in yard for exercise at the landlord’s expense)
- The service dog’s presence would fundamentally alter housing operations (e.g., bringing a service dog to a no-pets senior living facility and requiring the housing provider to provide care for the dog)
Additionally, the Fair Housing Act doesn’t apply to single-family homes rented without using a broker by a private owner who owns fewer than three single-family homes at the same time. The same goes for owner-occupied buildings with four or fewer units, private clubs that limit occupancy to members, and religious organizations that give preference to their members.
The Air Carrier Access Act (ACAA)
The Air Carrier Access Act works similarly to the Americans with Disabilities Act. It is the federal law that prohibits airlines from discriminating against people with disabilities. It ensures that travelers with a disability can fly with their service dogs without being turned away or charged extra for them with pet fees or additional tickets.
However, this doesn’t mean that individuals with a disability can take their service dog just as they can take a personal item on the flight. For air travel safety requirements, the service dog must fit in the space between the handler and the seat in front of them without blocking the aisles.
Airlines can also require handlers to complete a DOT Service Animal Air Transportation Form, which certifies that the handler needs the dog because of a disability, the dog is trained to perform a disability-related task and is well-behaved and house-trained, and the handler accepts liability for the dog’s behavior.
Additionally, airlines may also require handlers to complete a relief attestation form for flights longer than eight hours to confirm that the dog won’t need to relieve themselves during the flight or can do so on the aircraft in a sanitary way.
Exceptions to the ACAA Protections
Just as there are exceptions to ADA and FHA protections, the handler must follow certain guidelines to get the ACAA protections.
This includes the service dog behaving well and not posing any health or safety risk to other passengers. If the service dog exhibits behaviors like growling or lunging at other passengers and the handler can’t get the dog under control, the airline can refuse the service dog.
Similarly, airlines can refuse the service dog if the dog relieves themselves inappropriately in the terminal, during boarding, or inside the cabin in a way that creates a sanitation hazard.
Another exception under the ACAA involves the size of the service dog. For example, a Great Dane may be too large to fit within the handler’s leg space in economy seating, which could require the passenger to purchase a business class ticket where there is more room to accommodate a dog of that size.
State Service Dog Laws
In addition to federal protections, many states have their own service dog laws. Even though these laws mirror federal laws, some strengthen the rights of service dogs.
For example, California laws give the same public access rights to service dogs in training as those who are fully trained and accompany their handlers. The federal law doesn’t require this, but this California service dog law enables future service dogs to receive the training they need in the best way possible, granting these assistance animals further protections.
Many states also have varying penalties for denying access to a service dog, as well as penalties for misrepresenting a pet as a service dog. Since all these added protections vary, it is best to check your state laws.
Laws Around Getting a Service Dog
When it comes to getting (or training) a service dog, the law is simple. Anyone who has a qualifying disability under the Americans with Disabilities Act, whether physical or psychiatric, can get a service dog.
The dog must be trained to perform tasks directly related to the disability of the individual, which doesn’t have to be done by a professional trainer. The law doesn’t limit service dogs to receiving training only from professional training organizations. Any person can train their own dog to become a service dog, as long as the dog performs disability-related tasks.
With all these, it is safe to say that the laws for getting a service dog are very simple. You need a qualifying disability and a dog trained for disability-related tasks, as well as obedience to ensure they remain well-behaved in public.
Once a dog has these, there’s no legal need for a service dog registration, though it can help handlers enforce their service dog rights.
Service Dog Laws FAQs
Below are the answers to some of the commonly asked service dog laws questions.
Does the Law Require Service Dogs to Have Training Certificates?
Training certificates or any other documentation, as explained by the Americans with Disabilities Act (see above), aren’t a requirement for service dogs. Business owners and other entities can ask the following two questions to determine whether a dog is a service dog: “Is the dog a service dog required because of a disability?” and “What work or task has the dog been trained to perform?”
Can Any Dog Be a Service Dog?
There isn’t a breed, type, age, or any other restriction when it comes to service dogs. Therefore, any dog that has received proper training and can execute disability-related tasks to assist their handler can be a service dog.
Does Anxiety Qualify for a Service Dog?
Yes, anxiety is a qualifying mental disability for a service dog. In fact, service dogs for anxiety are one of the most common types of psychiatric service dogs. These animals assist their handlers in a variety of ways, helping them cope with the daily challenges of living with anxiety.
Wrapping Up Service Dog Laws
Service dogs have protections when it comes to public access, housing, and air travel. These protections are in place to ensure individuals with a disability can live a more independent and accessible life.
If you have a service dog and find yourself facing discrimination or if your rights aren’t enforced, file a complaint with the appropriate agency through each law’s official complaint page. Contact the ADA for public access, the Housing and Urban Development for the FHA, and the Department of Transportation for the ACAA.