Does The Ada Recognize Emotional Support Animals

By Alessandra Stivelman

"Service Animals" and "Emotional Support Animals" are defined and dealt with differently under federal law. Information technology is really important for an association to understand the difference, every bit there are restrictions imposed by federal law in regards to what an association is authorized to demand from the individual making a request for a reasonable adaptation to the clan's pet policy.

Service animals are non considered pets, and thus, cannot be refused by an association with a no-pet rule. A "service creature" is defined narrowly under the Americans with Disabilities Act ("ADA") every bit any dog that is individually trained to do work or perform tasks for the do good of an individual with a disability. Providing emotional support, well-being, condolement, or companionship does non constitute work or tasks for the purposes of the ADA. Thus, trained dogs are the only species of animals that may qualify as service animals under the ADA (in that location is a separate provision regarding miniature horses). Emotional support animals are expressly precluded from qualifying as service animals. Nether the ADA, the animal need only meet the definition of "service animal" to be covered past the police force. No further test or reasonable accommodation analysis should be practical.

However, dogs and other species, with or without training, and animals that provide emotional support have been recognized as necessary assistance animals under the reasonable accommodation provisions of the Off-white Housing Act (FHA) and Section 504 of the Rehabilitation Human action of 1973 (Section 504). The FHA prohibits discrimination in housing on the ground of race, color, religion, sex activity, national origin, familial status, and disability. One type of inability bigotry prohibited by the Act is the refusal to make "reasonable accommodations" in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Accordingly, an individual with a inability may accept the right to have an emotional back up animal in his or her dwelling house if the animal qualifies as a necessary reasonable accommodation. While emotional support animals do non qualify equally service animals under the ADA, they may even so authorize as permitted reasonable accommodations for persons with disabilities under the FHA. Thus, the FHA requires that an association brand a reasonable accommodation for persons with disabilities, which may include not enforcing a pet restriction confronting an individual who demonstrates the need for an emotional support brute.

In order to qualify for such an accommodation, the emotional back up fauna must be necessary to beget the private an equal opportunity to use and enjoy a dwelling. Farther, in that location must be a relationship, or nexus, between the individual's disability and the assist the beast provides. If these requirements are met, an association must permit the emotional back up animal every bit an accommodation, unless it can demonstrate that allowing the emotional back up animal would impose an undue financial or administrative brunt or would fundamentally alter the nature of the association and/or its services. An association is not authorized to require that an animal exist trained in gild to grant a reasonable accommodation for a person with a disability as divers by the FHA.