Definitions:
Service Animal is a dog that is trained to perform services for a person with a disability.
ADA defines a service animal in the context of public accommodations as “Dogs individually trained to do work or perform tasks for people with disabilities”. In addition to dogs, a miniature horse (usually weights under 100 pounds) may also qualify as a service animal.
Support animal (social animal, therapy animal, companion animal, emotional support animal, assistant animal) is an animal used to assist with therapy goals. Support animals are not specially trained.
Pets are domesticated animals which are dept for pleasure rather than utility.
It is important to remember:
**** the Landlord may NOT inquire applicant/tenant about the nature of the disability.
**** the Landlord may require the applicant/tenant provide documentation from physician, psychologist or otters qualified health provide that he/she has a disability and that the disability creates a need for him/her to have a service dog or support animal.
**** the Landlord may prevent a service dog or support animal from living in an apartment if (a) the animal will damage the property or is a danger to other tenants, (b) no reasonable accommodation can be made for the tenant which would avoid those problems.
What type of questions to ask?
Is your dog a service animal?
If so, is your dog required because of a disability you have? Yes / No
If so, what work or task has your animal been trained to perform?
Is your dog (or other animal) a support animal?
If so, do you have a disability that limits one or more of your major life activities? Yes/No
If so, does the disability create a need for you to have your dog (or other animal) live with you?
In California, it is a misdemeanor, punishable by 6 months of incarceration or a $1,000 fine, for an owner to tag and represent that a dog is a service dog when knowing it is not.
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