Legal Aspects of Housing Service Dogs Trained at Home
Landlords and tenants often face questions and challenges when it comes to housing service dogs, especially when those dogs have been trained at home by their owners. Understanding the legal framework and specific rules can help clarify these issues and ensure compliance with relevant laws.
Introduction
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in various settings. This includes housing accommodations, where landlords are required to make reasonable accommodations for tenants with disabilities, including those with self-trained service dogs. Understanding the legal aspects of housing service dogs can help both landlords and tenants navigate these challenges.
Reasonable Accommodations under ADA
When a tenant with a disability requests a reasonable accommodation for a service dog, the landlord must comply with the ADA. This usually involves providing a letter from a medical professional and proof of the dog's training. However, if the dog is self-trained, the tenant must still provide proof, such as a training log, to demonstrate the dog's capabilities and the specific tasks it performs to mitigate the tenant's disability.
Landlord Obligations
Landlords must make reasonable accommodations for tenants with disabilities, including those with self-trained service dogs. As long as the dog meets the criteria for a service animal, it cannot be denied based on training methods. The lease, which is a contract, often determines the specifics of the accommodation. In the example given, a tenant with a service dog that alerts the deaf neighbor to potential dangers is clearly considered a service animal, while a dog that barks excessively and causes nuisance issues is not.
Specific Service Animals and Accommodation
To ensure that a service dog qualifies for accommodation, the dog must be trained to perform a specific task that addresses the tenant's diagnosed disability. For instance, a seeing-eye dog is only a service dog if it is trained to guide the blind. Similarly, if a dog has been trained to assist someone with a hearing impairment, it can still be considered a service animal, but if the dog was trained specifically for a seeing-eye task and the owner is deaf, it is not considered a service dog for that individual.
Training and Certification
A professional training certification, such as through the AKC (American Kennel Club), can provide significant legal support for the tenant's claim. The AKC offers resources for training and certification for many different kinds of service dogs. Basic training for any pet, such as the Canine Good Citizen Dog level, is recognized by many homeowners insurance companies and can get a discount on liability policies.
Profit-Seeking Scammers and Legal Support
Be wary of profit-seeking individuals or companies online who sell sight-unseen certification documents that are essentially meaningless. While these certificates do not directly provide ADA rights, courts will not support such assertions. It is crucial to ensure that the service dog is truly trained and capable of performing tasks that mitigate the tenant's disability.
Specifically, the service dog should be prescribed by a licensed provider and trained to perform a specific task that addresses the diagnosed disability. Landlords should require documentation and proof of training to support the tenant's request for accommodation.
In conclusion, while the ADA covers the legal grounds for housing service dogs, specific documentation and clear communication are essential. Understanding the legal requirements and providing proper documentation can help ensure that both landlords and tenants comply with the laws and resolve any housing-related issues amicably.