1. 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

2. 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

3. 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

4. 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
ADA One, LLC May 2012

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

6. 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 (b) (7).
ADA One, LLC May 2012

7. 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 , 38 CFR
ADA One, LLC May 2012

8. 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

9. …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

10. 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

11. 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 , 38 CFR (c).
ADA One, LLC May 2012

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

13. 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

14. 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

15. 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

16. 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.

17. 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

18. 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

19. 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.

20. 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?
A Case of a Different Animal: DOJ’s lawsuit against the University of Nebraska about emotional assistance animals
ADA One, LLC May 2012

21. DOJ Resources DOJ ADA Requirements: Service Animals
MI AHEAD
DOJ Resources
4/20/2017
DOJ ADA Requirements: Service Animals
DOJ web site:
DOJ information line: (voice) (TTY)
ADA TA Centers: (Voice/TTY)
ADA One, LLC May 2012

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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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,
ADA One, LLC May 2012

29. ADA: The Next Generation (basics)
April 2012
CCONTACTACT:
Irene Bowen, J.D.
President, ADA One
9 Montvale Court
Silver Spring, MD 20904
(O)
(F)
ADA One logo

30. CONTACT
L. Scott Lissner, ADA Coordinator, The Ohio State University Office of Diversity And Inclusion 281 West Lane Ave. Columbus, OH (614) (v); (614) (tty) (614) (fax)

31. 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

32. And now, to the panel

33. ADA: The Next Generation (basics)
April 2012