General Information

Public Access with Your Service Dog

Service Dog Housing Rights

Service dogs and their handlers have certain housing rights protected under the Fair Housing Act (FHA) in the United States. The Fair Housing Act (FHA) makes it unlawful for a housing provider to refuse to make a reasonable accommodation that a person with a disability may need in order to have equal opportunity to enjoy and use a dwelling. Here are key points regarding service dog housing rights:

No Pet Policies:

Individuals with disabilities who use service dogs are exempt from “no pet” policies in housing. This means that landlords and housing providers must make reasonable accommodations to allow individuals with disabilities to have their service dogs, even if the property has a policy prohibiting pets.

Reasonable Accommodations

The Fair Housing Act requires housing providers to make reasonable accommodations for individuals with disabilities. Allowing a person with a disability to have a service dog is considered a reasonable accommodation.

No Extra Fees

Housing providers cannot charge individuals with disabilities extra fees or deposits for having a service dog. The individual with a disability is responsible for any damage caused by the service dog, but they cannot be charged fees simply for having the dog.

Breed and Size Restrictions

Housing providers cannot enforce breed or size restrictions on service dogs. Even if a property has breed-specific policies or size limitations for pets, those restrictions do not apply to service dogs.

Documentation and Disclosure

While housing providers are not allowed to ask for documentation or proof of certification for the service dog, they may ask the individual to provide information confirming that they have a disability and that the service dog is required for a disability-related need.

According to the FHA, assistance animals are not pets. They are animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.

What Documentation is Required for Reasonable Accommodation?

Under the Fair Housing Act (FHA) in the United States, housing providers are generally not allowed to ask for documentation or proof of certification for a service dog. However, they may request reliable documentation when an individual requesting a reasonable accommodation has a disability and disability-related need for an accommodation that are not obvious or otherwise known.

Here are some points to consider:

Verification of Disability

Housing providers may ask for information that verifies that the individual has a
disability. This information could come from a healthcare professional, doctor, therapist, or other qualified
individuals who can confirm the existence of a disability.

Need for a Service Dog

Individuals may be asked to provide information about why they need a service
dog to address their disability. This could include details about specific tasks the service dog is trained to
perform that are directly related to the person’s disability.

No Proof of Certification

Housing providers are not allowed to request proof of certification or training for
the service dog. Certification is not a requirement under the FHA, and service dogs come in various breeds
and sizes.

Basic Information

The information provided by the individual should be limited to what is necessary to
establish the need for the accommodation. Housing providers are generally not entitled to detailed or
intrusive information about the nature of the disability.

Here are some points to consider:

Is Online Verification of Disability Legitimate?

In HUD’s experience, such documentation from the internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal. By contrast, many legitimate, licensed health care professionals deliver services remotely, including over the internet. One reliable form of documentation is a note from a person’s health care professional that confirms a person’s disability and/or need for an animal when the provider has personal knowledge of the individual. National Service Animal Registry offers legitimate psychiatric service dog letters through licensed mental health professionals that deliver remote services, compliant with Housing and Urban Developments (HUDs) requirements.

Order PSD Letter

What If My Landlord Refuses My Emotional Support Animal Letter?

Failure to accommodate a physically or psychiatrically impaired person is a violation of federal law and can be successfully sued AND the landlord/property manager is financially penalized by the U.S. Justice Dept. because it is considered discrimination against a disabled person. Something the government takes seriously.

Clients are encouraged to make sure the landlord or property manager are clearly aware of the law and consequences to help them avoid prosecution and punitive damages. Most are in violation simply because they do not know the law.

A client can report the landlord/property manager to the U.S. Justice Dept. and file a complaint for discrimination here.

Service Dog Airline Rights

The bottom line is, it’s a breeze for you to fly the friendly skies with your service dog! If you have your dogs in a row, that is. By that we mean you’ll just need a few things to enjoy smooth sailing, based on the Air Carrier Access Act and recommendations of USA-based airline companies.

Service dogs and their handlers have certain rights and protections when traveling by air, as outlined by the Air Carrier Access Act (ACAA) in the United States. We have a few important points and links on this page that will point you to everything you might possibly need to know to make flying with your service dog easy and stress-free, no matter your destination!

Access to the Cabin

Service dogs are generally allowed to accompany their handlers in the cabin of the aircraft. Airlines are required to allow service dogs to sit with their handlers in a space that provides adequate room for the dog and does not obstruct the aisle.

No Breed Restrictions

Airlines are not allowed to impose breed restrictions on service dogs. This means that service dogs of any breed or size, as long as they meet certain safety and space requirements, are permitted in the cabin.

No Extra Fees

Airlines cannot charge additional fees for the transportation of service dogs. While other animals may be subject to fees, service dogs are exempt from these charges.

Documentation Requirements

The Department of Transportation (DOT) encourages the airlines to train their staff to look for identification markers; vests, leashes, ID cards, ID tags, etc.; however, they cannot require documentation such as certification or identification cards to make their determination for accommodation.

The most important document that requires submission to the airline 48 hours in advance to your flight is the Department of Transportation (DOT) Behavior and Health Form.

Behavioral Expectations

Service dogs are expected to behave appropriately in the aircraft cabin. If a service dog displays disruptive or aggressive behavior, the airline may take measures to address the situation, such as requiring the dog to be muzzled or placed in a carrier.

Space Accommodations

Airlines must make reasonable accommodations to ensure that service dogs and their handlers have adequate space. This includes allowing the service dog to sit at the handler’s feet or on their lap if space permits.

Pre-Boarding

Airlines often allow individuals with disabilities and their service dogs to pre-board, providing them with additional time and space to get settled before other passengers.

Access to the Cabin

Service dogs are generally allowed to accompany their handlers in the cabin of the aircraft. Airlines are required to allow service dogs to sit with their handlers in a space that provides adequate room for the dog and does not obstruct the aisle.

No Breed Restrictions

Airlines are not allowed to impose breed restrictions on service dogs. This means that service dogs of any breed or size, as long as they meet certain safety and space requirements, are permitted in the cabin.

It’s important for service dog handlers to communicate with the airline in advance, informing them of the presence of a service dog and any specific needs. While the ACAA applies to U.S. carriers operating within or to the United States, similar regulations and accommodations may exist for international flights. Service dog handlers should check with the specific airline and review their policies before travelling.

Department of Transportation (DOT) Behavior and Health Form

The DOT defines a service animal as a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. It allows airlines to recognize emotional support animals as pets, rather than service animals, and permits airlines to limit the number of service animals that one passenger can bring onboard an aircraft up to two service animals.

DOT also allows airlines to require passengers with a disability traveling with a service animal to complete and submit to the airline a form, developed by DOT, attesting to the animal’s training and good behavior, and certifying the animal’s good health. For flight segments of eight hours or more, the rule allows airlines to require passengers to complete and submit a DOT form attesting that the animal has the ability either not to relieve itself on a long flight or to relieve itself in a sanitary manner.

In addition, DOT allows airlines to require a service animal user to provide these forms up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time.
Download DOT form here

Most airlines have an online portal where you may submit this form digitally. Please check with your specific airline for their specific requirements about how to submit this form.

Flying with Your Service Dog – Getting Approved

When filling out the DOT form, individuals have the option to identify themselves as the trainer or training organization. It’s important to be ready to address two common questions posed by airline representatives:

    1. 1. Is the service dog essential for a disability?
    1. 2. What specific task is the service dog trained to perform related to the disability?

For guidance on answering these questions, individuals can reach out to NSAR for assistance. Additionally, you can Click Here to access a list of service dog and/or psychiatric service dog tasks, aiding in providing direct and informed responses to the inquiries.

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