WHAT IS A SERVICE DOG?

A service dog, as defined in the  American Disabilities Act, is an animal specifically trained to provide assistance to an individual with a disability.  The term "disability," is defined by "a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual b) a record of such impairment and c) being regarded as having such an impairment." The disability must be documented and the animal must be specifically trained in assistance with that disability. The animal does not require certification, although licensure is available in certain states with proof of disability and specific canine training is highly recommended to avoid difficulties with authorities.  Without documentation, the owner may be required to provide proof of a disability, if not clearly visible.

In 2010, the Attorney General revised the definition of "service animal," to only include dogs. Service dogs are required to be leashed or harnessed at all times except when performing work or tasks where such tethering would interfere with the dog's ability to perform. Service animals are exempt from breed bans as well as size and weight limitations.

Dogs whose sole function is "the provision of emotional support, well-being, comfort, or companionship" are not considered service dogs under the ADA.

The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.

WHAT IF MY DISABILITY IS PSYCHIATRIC?

The ADA's definition is broad, and defines disability as a condition that limits a person's ability to function in major life activities. This includes chronic psychiatric disorders.

WHAT IS A PSYCHIATRIC SERVICE DOG?

A psychiatric service dog is one specifically trained to assist an individual with a documented psychiatric disability as defined in the DSM-V. While a dog may offer emotional support, or lower anxiety by being petted, this does not confer status as a service animal. The animal must be task trained.

WHAT  IS THE LEGAL DIFFERENCE  BETWEEN A SERVICE DOG AND AN EMOTIONAL SUPPORT ANIMAL?

A service animal is not a pet. "under the Americans with Disabilities Act (ADA) businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are allowed to go.  The federal law applies to all businesses open to the public, including restaurants, hotels, taxis,  stores, hospitals and medical offices, theaters, health clubs, parks, and zoos." - U.S. Department of Justice.

For clarification, contact the .S. Department of Justice's ADA Information Line at 800-514-0301  or 800-514-0383 (TTY)

WHAT IS MY LEGAL RIGHT TO HOUSING WITH A SERVICE ANIMAL?

The no pets' rule does not apply, as a service animal IS NOT A PET.  You should notify your landlord or the coop board, prior to moving in.  You may be required to show both proof of training and proof of a disability.

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