Service Animals, Emotional Support Animals, and the Law
By Amelia Niemi
Under Missouri State Law, the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA), business owners and landlords in Missouri must allow reasonable accommodations to owners of service animals and emotional support animals (Some laws use the term “assistance animal,” which is essentially the same as a service animal.)
This column highlights the difference between these types of animals and provides an overview of what businesses and landlords should know to stay compliant. Because it is only an overview, readers should consult relevant authorities for further information, nuances, and exceptions.
Service animals and emotional support animals
Service animals are almost always dogs who are trained to provide a specific task for someone with a disability. Missouri law includes mental health and service dogs in its definition of “service animal,” and owners must have a recognized mental health diagnosis. There are no certifications or training courses to qualify a dog as a service animal.
Emotional support animals are not service animals and do not perform specific tasks. Instead, they provide comfort and companionship to alleviate the effects of someone’s disability. Any type of animal can be an emotional support animal.
Missouri state law and the Americans with Disabilities Act (ADA) generally protects the use of service animals in public places, but not the use of emotional support animals.
As for landlords, the FHA mandates reasonable access for service animals and emotional support animals.
Notably, these types of animals are not pets. Business owners, public buildings, and landlords can exclude pets from their premises or charge extra fees to allow pets. However, allowing a person to have their service or emotional support animal with them is often a reasonable accommodation under federal and state law, as discussed in more detail below.
Public accommodations
Most places open to the public, including hotels, public transportation, restaurants, hospitals, amusement parks, and shopping malls, are considered public accommodations and are governed by Missouri law and the ADA. They provide reasonable accommodation to allow someone to bring their service animal into such a place, even if local health codes prohibit pets. Also, Missouri prohibits public accommodations from charging fees for a service dog.
Under federal law, businesses may ask people who try to enter with a service animal two questions. First, businesses can ask whether the animal is a service dog. Second, they can ask what task the animal is trained to perform. Service animal owners are not required to show proof of disability or that their dog is a service animal; however, service animals generally must be leashed.
The requirement of accommodation is tempered by the word “reasonable.” If a dog poses a threat or goes out of control, the owner can be asked to remove the service dog from the premises. The owner must also pay for any damage caused by their dog.
In Missouri, it’s a crime to lie about having a disability to receive accommodations regarding service dogs. A first-time offender can be charged with a Class C misdemeanor, spend up to 15 days in jail, and be fined up to $700.
An owner of a service animal can file a complaint with the Missouri Department of Human Rights if they believe a business denied them a reasonable accommodation to use their service animal. Companies that violate these laws are subject to monetary fines.
Rental units
Most landlords must follow FHA requirements. Though these requirements are similar to public accommodation laws, they differ in important ways.
Most landlords must follow FHA requirements. FHA requirements are similar to laws regarding public accommodation for people with assistance animals, but differ in important ways.
As in places of public accommodation, landlords must allow reasonable accommodation regarding service animals. This can mean waiving pet fees and deposits and allowing service animals in units that otherwise ban pets — because such animals are not considered pets. Accommodations must also be reasonable, and owners must pay for any damage caused by their service animal.
Unlike places of public accommodation, landlords can require that tenants provide disability-related information documenting their need for a service animal if the need for the animal is not apparent.
Additionally, service animals are not limited to dogs. They can be any type of animal if that animal provides a service or relieves the symptoms of a disability.
Reports of housing discrimination can be made with the U.S. Department of Housing and Urban Development. If found in violation of the FHA, landlords may be required to provide the requested accommodation and may be subject to monetary fines.
Conclusion
Business owners and landlords must be mindful of state and federal laws regarding their responsibilities to offer reasonable accommodations for individuals who use service animals and emotional support animals, and of the limits of what constitutes a reasonable accommodation.