MI AHEAD 4/20/2017 STAYING OUT OF THE DOG HOUSE: Service Animals and Assistance Animals Under the ADA, Section 504, and the Fair Housing Act Irene Bowen L. Scott Lissner Jeanine Worden ADA One, LLC May 2012

MI AHEAD 4/20/2017 The content provided in this presentation is for informational purposes only.  Neither the content nor delivery of the content is or shall be deemed to be legal advice or a legal opinion.  The audience cannot rely on the content delivered as applicable to any circumstance or fact pattern. The information provided is not a substitute for professional legal advice. ADA One, LLC May 2012

The American with Disabilities Act and service animals MI AHEAD 4/8/11 The American with Disabilities Act and service animals ADA One, LLC May 2012

DOJ’s new ADA regulations MI AHEAD 4/20/2017 DOJ’s new ADA regulations Issued July 26, 2010 Updates to 1991/1994 regulations under titles II (28 C.F.R. part 35) and III (28 C.F.R. part 36) Two parts Policy changes New accessibility standards Regulations and guidance are at www.ada.gov ADA One, LLC May 2012

MI AHEAD 4/20/2017 ADA One, LLC May 2012

ADA principle: Reasonable modifications MI AHEAD April 2012 ADA principle: Reasonable modifications Entity must make reasonable modifications in policies where necessary to avoid discrimination. 28 CFR 35.130 (b) (7). ADA One, LLC May 2012

Service animal: definition MI AHEAD April 2010 Service animal: definition A dog that does work or performs tasks for the benefit of an individual with a disability (including psychiatric, cognitive, mental) 28 CFR 35.104, 38 CFR 36.104. ADA One, LLC May 2012

Examples of tasks Assist during seizure Retrieve medicine MI AHEAD 4/20/2017 Examples of tasks Assist during seizure Retrieve medicine or other items Help individual with dissociative identity disorder to remain grounded ADA One, LLC May 2012

…Examples of tasks Prevent/interrupt impulsive or destructive behavior MI AHEAD April 2010 …Examples of tasks Prevent/interrupt impulsive or destructive behavior Assist with balance, stability Provide non-violent protection or rescue work ADA One, LLC May 2012

Emotional support/comfort? MI AHEAD April 2010 Emotional support/comfort? If this is the only function, not considered a service animal Dilip Vishwanat/Getty Images, for The New York Times Photo: man sitting with arm on chest holding blanket to chest, parrot on hand ADA One, LLC May 2012

Can ask only two questions MI AHEAD April 2010 Can ask only two questions Is this service animal required because of a disability? What work or tasks is the animal trained to perform? Can’t ask about disability. 28 CFR 35.136, 38 CFR 36.302(c). ADA One, LLC May 2012

Service animals under control(s)? MI AHEAD 4/20/2017 Service animals under control(s)? pawluxury.blogspot.com ADA One, LLC May 2012

Other issues An entity can exclude a service animal if -- MI AHEAD April 2010 Other issues An entity can exclude a service animal if -- it is not controlled or it is not housebroken. Entity is not responsible for care or supervision. No “service animal” license or documentation required. ADA One, LLC May 2012

And listen up! No deposits can be required (beyond the usual) MI AHEAD 4/20/2017 And listen up! No deposits can be required (beyond the usual) But individual is responsible for damage beyond usual wear and tear No intrusive inquiries about disability or diagnosis State and local requirements may encompass other types of animals Can consider allergies of other people with disabilities ADA One, LLC May 2012

Other laws Other laws or codes may call for admission of animals -- MI AHEAD 4/20/2017 Other laws Other laws or codes may call for admission of animals -- Other than dogs That provide emotional support or comfort Higher education and housing: FHAA and section 504 Photo: young woman with cat ADA One, LLC May 2012

Miniature Horses Exception to “a dog” is allowed, limits may be set Determine policy in advance based on: Individually trained Handler’s control Housebroken Size/Weight in context Legitimate safety requirements of specific facility Photo: Students sitting at desks s in a classroom. At the end of the front row is Mona a Muslim graduate student, with next to her is a guide horse Cali.

Policy & Practice General Policy Work or tasks for individual with disabilities Includes people with various types of disabilities Not emotional support animals (point to reasonable accommodation process) Control and care by handler Locations of rest areas

Staff Directives and Training MI AHEAD 4/20/2017 Staff Directives and Training Permissible inquiries Types of task No documentation Allow handler even if animal is excluded Particular considerations, e.g., health care Examples of situations “Control” issues Who makes decision ADA One, LLC May 2012

Other Laws & Requirements FHAA , ACAA & Section 504 regulations not limited to “Service Dogs” Therapy, Emotional Support, Psychological support,… Animals as a reasonable accommodation. Follows accommodation process Allows verification State/Local requirements Two images one above the other on the left margin. First image: the cover of "Handbook On Animal-Assisted Therapy: Theoretical Foundations And Guidelines For Practice. The cover art is a collage comprised of the silhouettes of a horse, dog, cat and Parrot. The second image is Richard, a 19 year old college student with autism, and his support cat Linus.

ADA One Resources Two articles from AHEAD’s newsletter MI AHEAD ADA One Resources 4/20/2017 Two articles from AHEAD’s newsletter The Ides of March are upon us: Are you complying with DOJ’s new regulations about service animals? http://ada-one.com/articles-tips/ahead-of-the-ada-access-curve-part-5/ A Case of a Different Animal: DOJ’s lawsuit against the University of Nebraska about emotional assistance animals http://ada-one.com/articles-tips/ahead-of-the-ada-access-curve-part-8/ ADA One, LLC May 2012

DOJ Resources DOJ ADA Requirements: Service Animals MI AHEAD DOJ Resources 4/20/2017 DOJ ADA Requirements: Service Animals http://www.ada.gov/service_animals_2010.htm http://www.ada.gov/service_animals_2010.pdf DOJ web site: www.ada.gov DOJ information line: 800 - 514 - 0301 (voice) 800 - 514 - 0383 (TTY) ADA TA Centers: 800-949-4232 (Voice/TTY) ADA One, LLC May 2012

Access for Individuals Who Use Assistance Animals Fair Housing Act Access for Individuals Who Use Assistance Animals

MI AHEAD 4/20/2017 Assistance Animals Provide support, assistance or service (dog, cat, bird, or other animal) Include emotional support or therapy animals May be trained or untrained ADA One, LLC May 2012

MI AHEAD 4/20/2017 Animal Qualifies If … Individual has disability, as defined in Fair Housing Act or Section 504 of Rehabilitation Act, Animal needed to assist with disability, and Relationship between disability and assistance ADA One, LLC May 2012

Applying the principles … MI AHEAD 4/20/2017 Applying the principles … Written application may not be required Process should be easy and quick Credible evidence from individual or note from doctor or other medical or social service professional No fee, deposit, insurance, hold harmless agreement, extra inspections, “pet rules,” veterinary certificates, or special conditions ADA One, LLC May 2012

MI AHEAD 4/20/2017 What Are the Limits? Individual responsible for maintaining and controlling animal Access to housing and indoor and outdoor public and common use areas associated with housing ADA One, LLC May 2012

Bases for Denial or Exclusion MI AHEAD 4/20/2017 Bases for Denial or Exclusion Direct Threat (individualized assessment based on recent credible, objective evidence relating to specific animal) Undue Financial and Administrative Burden Fundamental Alteration ADA One, LLC May 2012

MI AHEAD 4/20/2017 More Information U.S. Department of Housing and Urban Development and U.S. Department of Justice: Joint Statement on Reasonable Accommodations under the Fair Housing Act, www.hud.gov/offices/fheo/library/huddojstatement.pdf ADA One, LLC May 2012

ADA: The Next Generation (basics) April 2012 CCONTACTACT: Irene Bowen, J.D. President, ADA One 9 Montvale Court Silver Spring, MD 20904 http://ADA-One.com IreneBowen@ADA-One.com 301 879 4542 (O) 301 236 0754 (F) ADA One logo

CONTACT L. Scott Lissner, ADA Coordinator, The Ohio State University Office of Diversity And Inclusion 281 West Lane Ave. Columbus, OH 43210 Lissner.2@OSU.EDU Http://ada.osu.edu (614) 292-6207(v); (614) 688-8605(tty) (614) 688-3665(fax)

CONTACT Jeanine Worden Associate General Counsel for Fair Housing U.S. Dept. of Housing and Urban Development Office of the General Counsel Washington, D.C. 202-402-5188 jeanine.worden@hud.gov

And now, to the panel

ADA: The Next Generation (basics) April 2012