Service & Emotional Support Animals

Presented by REAL CLASS INC.

What is a Service AnimalService animals are defined as dogs that

are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties

What is a Service AnimalService animals are working

animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

Changes in the Federal LawThe Department of Justice amended

portions of the ADA that went into affect March 15th 2011◦Dogs that are not trained to perform

tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals

◦The rule permits the use of trained miniature horses as alternatives to dogs, subject to certain limitations.

What is a Service AnimalService Miniature HorseIn addition to the provisions about service

dogs, the Department of Justices revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities.

What you CAN and CANNOT ask

A Business May Ask◦Is this a Service Animal ?◦What Task Does this Service Animal

Provide• Businesses MAY NOT:• Require Special Identification for the Animal• Ask the Persons Disability• Charge Additional Fees• Refuse Admittance, isolate, segregate or

treat less favorably.

What you CAN do….

A person with a Disability cannot be asked to remove the service animal UNLESS:◦The animal is out of control and the

owner does not take effective action to control it

◦The animal possesses a direct threat to the health and safety of others

What is an Emotional Support Animal (ESA)An Emotional Support Animal is a dog or

other common domestic animal that provides therapeutic support to a disabled or elderly owner through companionship, non-judgmental positive regard, affection, and a focus in life. If a doctor determines that a patient with a disabling mental illness would benefit from the companionship of an emotional support animal, the doctor write letters supporting a request by the patient to keep the ESA in "no pets" housing or to travel with the ESA in the cabin of an aircraft.

What is an Emotional Support Animal (ESA)ESAs are not task trained like

service dogs Little training at all is required so

long as the animal is reasonably well behaved by pet standards.

This means the animal is fully toilet trained and has no bad habits that would disturb neighbors such is frequent or lengthy episodes of barking.

What is an Emotional Support Animal (ESA)It is important to note that having a

diagnosis of a mental illness, by itself, is not sufficient to qualify a person for an ESA unless that illness is so severe it disables them.

Only a judge can truly determine whether a person is legally disabled

a doctor can probably make a medical determination of a person's disability and on that basis prescribe an ESA

What is an Emotional Support Animal (ESA)Service Animals are task trainedESA’s don’t have to be trainedThere is a difference between an ESA

and a Psychiatric Service Animal (PSA)"I can't go out alone because of

social phobia; my dog makes me feel safe enough to go out to the grocery store and other places I need to go." This describes an emotional support animal, not a psychiatric service animal.

Hawaii “Assistance Animal”

Hawaii Administrative Rules 20

Subchapter 20 (Real Property Transaction Discrimination)

Hawaii “Assistance Animal”“Assistance animal” means an animal

that is needed to perform disability-related work, services or tasks for the benefit of a person with a disability, or is needed to provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Assistance animals may include, but are not limited to, service animals, therapy animals, comfort animals or emotional support animals. Assistance animals may have formal training or may be untrained, any may include species other than dogs.

Hawaii “Assistance Animal”

§12-46-306 Discrimination on the basis of disability.(a) It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson:

Hawaii “Assistance Animal”(1) To refuse to engage in a real estate

transaction or to deny equal opportunity to use and enjoy a housing accommodation with a person with a disability because the person uses an assistance animal. If the disability is not readily apparent, an owner or other person engaging in a real estate transaction may request information that verifies that the person has a disability, defined as a physical or mental impairment that substantially limits a major life activity. However, an owner or other person engaging in a real estate transaction may not request medical records or access to health care providers, and may not inquire as to the diagnosis, nature or severity of the person’s disability

Hawaii “Assistance Animal” If the disability-related need for an

assistance animal is not readily apparent, an owner or other person engaging in a real estate transaction may request verification that the assistance animal is needed to alleviate one or more symptoms of the person’s disability. Verification may be provided by a letter or other communication from the person’s treating health care professional, mental health professional, or social worker. Reasonable restrictions or prohibitions may be imposed upon the person with a disability regarding excessive noise or other problems caused by those animals including, but not limited to:

Hawaii “Assistance Animal” (A) Observing applicable laws, including leash laws and

pick-up laws;

(B) Assuming responsibility for damage caused by the animal;

(C) Cleaning the housing unit upon vacating, by fumigation, deodorizing, professional carpet cleaning, or other appropriate methods;

(D) Cleaning the animal’s waste;

(E) Having the animal licensed with the county, if licensing is required by the county;

(F) Having the animal vaccinated with documentation of the vaccination;

Hawaii “Assistance Animal”(G) Having the animal under the control of

the animal’s owner or handler by use of harness, leash, tether, cage, carrier, or other physical control in common areas. If the nature of the person’s disability makes physical control impracticable, or if physical control would interfere with the assistance that the animal provides, the owner or other person engaging in a real estate transaction may require that the animal be otherwise under the control of the animal’s owner or handler by voice control, signals, or other effective means; or

Hawaii “Assistance Animal”Any other reasonable restriction that

would leave the housing accommodation in the condition it was in prior to the occupancy of the tenant with a disability, except for reasonable wear and tear;

To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a housing accommodation, including public and common use areas

Hawaii “Assistance Animal”

Request for Reasonable Accommodation/modification

Verification of need for Accommodation/Modification

Model House Rules Regarding Assistance Animals

Problems !!Websites Selling Vests,

Certificates etc.Health Care ProfessionalsLack of Understanding the

difference between “Service Animals” and Emotional Support

Abuse of the system

Problems !!Next Step…..Emotional

Support Animal on Medical Marijuana