The Oregon Caregiver FALL/WINTER 2022 www.ohca.com 16 LEGAL & REGULATORY Legal Considerations of Pets, Emotional Support Animals, and Service Animals By Eugenia Liu, J.D., Oregon Health Care Association Almost any animal can be a pet that brings companionship, comfort, unconditional love, and joy to a person. However, only some animals qualify as emotional support animals and an even smaller population qualify as service animals. While all are animals, service and assistance animals are not considered “pets” and they are not treated the same under the law. Understanding the difference between a pet, an emotional support animal, and a service animal can help residents and communities better manage their rights and responsibilities. Pets vs. Service Animals vs. Emotional Support Animals Pet policies vary widely across different senior living communities. Some communities have a “no pet” policy while others allow pets, but place restrictions on the size and breed of the animal and/or require the animal to be domesticated and a common household pet. In “pet-friendly” communities, residents must comply with pet policies and rules. For example, communities may require the pet to be up-to-date on vaccinations, licensed, and housetrained. Communities also commonly charge a pet fee and require residents to be able to care for the pet themselves. In addition, communities may restrict where a pet can go within the community, such as the dining area or other areas where food is served. However, service animals and emotional support animals are not “pets,” and they are not subject to “no pet” or even traditional “pet policies.” When a dog is trained to do work or perform a specific task on behalf of an individual with a disability, the dog is no longer a pet but a service animal under the Americans with Disabilities Act (ADA), which prohibits discrimination based on a disability in public places. An animal that provides assistance, including emotional support, to an individual is also no longer a pet but an assistance or emotional support animal under the Fair Housing Act (FHA), which protects individuals with disabilities from discrimination in obtaining housing or accessing housing services. The definition of “assistance animal” under the FHA is broader than “service animal” and can include birds, rabbits, cats, and hamsters as well as dogs. For instance, a dog whose sole function is to provide comfort or emotional support does not qualify as a service animal under the ADA, but it does qualify as an assistance animal under the FHA. Compliance and Responsibility for Pets and Service/Assistance Animals To comply with the ADA and FHA, a “no pet” community must allow for service or assistance animals and ensure their “no pet” policy is modified to accommodate the service or assistance animal. Even communities that allow pets must ensure their pet policies reasonably accommodate service or assistance animals. When it comes to service or assistance animals, a community cannot charge pet fees. Similarly, breed and size restrictions generally do not apply. Under the ADA, a service animal may accompany a resident into the dining area or other areas where pets are generally not allowed. While a community must adjust pet policies as appropriate to comply with the ADA and FHA, these laws do not relieve a resident of the responsibility for the service or assistance animal. Residents remain responsible for the care When a dog is trained to do work or perform a specific task on behalf of an individual with a disability, the dog is no longer a pet but a service animal under the Americans with Disabilities Act (ADA), which prohibits discrimination based on a disability in public places.
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