Community associations are frequently confronted with questions about residents who request accommodations for animals in communities that otherwise restrict or prohibit pets.  It is essential for boards and managers to understand the distinction between service animals, which are protected under federal law, and other types of assistance or emotional support animals that may fall under different regulations.

What Is a Service Animal?

Under the Americans with Disabilities Act (ADA), a service animal is defined as: “Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”  No other species of animal qualifies as a service animal under the ADA.  This is different from an ESA.

Key Requirements

  • Must be a dog.
  • Must be trained to perform a task: The dog must be individually trained to perform specific work or tasks directly related to the handler’s disability. Examples include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, retrieving dropped items, reminding a person to take medication, or preventing or interrupting impulsive or destructive behaviors.
  • Must be readily apparent: In many cases, the animal’s function will be obvious (for example, a seeing-eye dog). Where it is not apparent, limited inquiries are permitted.

Questions That May Be Asked

When it is not obvious that a dog is a service animal, the ADA allows only two specific questions:

  • Is the animal required because of a disability?
  • What work or task has the animal been trained to perform?

No other questions are permitted. In particular:

  • You may not ask about the nature or extent of the person’s disability.
  • You may not request documentation, certification, or identification cards proving the dog’s training or status.
  • You may not require the person to demonstrate the dog’s tasks.

Responsibilities of the Handler

The handler of a service animal must:

  • Keep the animal under control at all times (usually by leash, harness, or voice control).
  • Ensure the animal is housebroken and does not pose a threat to others.
  • Be responsible for cleaning up after the animal and for any damage it causes.

If a service animal is out of control, aggressive, or not housebroken, the Association may request that the animal be removed from the premises.  However, the individual must still be allowed access to the property without the animal.

Conclusion

Understanding the legal distinction between service animals and other types of assistance animals is critical to ensuring compliance with federal law and avoiding potential liability.  Service animals are not pets.  Rather, they are working partners that enable individuals with disabilities to live independently and safely.  By respecting these rights and following the proper inquiry guidelines, community associations can ensure both fairness and legal compliance.