Service animals

Two laws, two different animals

Your community almost certainly already uses the phrase "service animal," but that term comes from a specific law, the Americans with Disabilities Act. Fair housing law uses a different, broader term instead: assistance animal. The ADA's own definition is narrow.

"A service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability."

Source: Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice

A resident's cat, or a dog that simply provides comfort by being present but has not been trained to do a specific task, does not meet this ADA test, even though it may still be protected under the Fair Housing Act's broader standard. See ADA vs Fair Housing Act for the full comparison.

The only two questions you may ask

When it is not obvious that an animal is a service dog, federal guidance limits a board to exactly two questions.

"(1) Is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?"

Source: Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice

No certification card is required to answer either question.

"People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program."

Source: Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice

A doctor's note, a training certificate, and a live demonstration all go beyond what federal law allows a board to demand. See Medical documentation and privacy.

Why the ADA usually is not your law

Here is the part boards most often miss: ADA Title III mostly does not reach your community at all.

"Title III does not apply to strictly residential facilities."

Source: ADA Title III Technical Assistance Manual, U.S. Department of Justice, Civil Rights Division

A pool, clubhouse, or gym restricted to residents and their guests sits outside Title III entirely. If that same space is ever opened to the public, a rental, a fundraiser, day passes sold to outsiders, ADA accessibility and service-animal rules can apply for that specific use. Confirm with counsel before opening any amenity to non-residents.

The rule that actually governs your pet policy

So what law does govern your no-pets rule, your leash policy, your pet deposit? Almost always, the Fair Housing Act, and its test is broader than the ADA's. Any animal, of any species, trained or not, can qualify as a reasonable accommodation if a resident with a disability needs it for equal use and enjoyment of their home, and no extra fee or deposit may be charged for it. That is a wider standard than the ADA test above, and it is worked through fully in Assistance animals and Emotional-support animals.