Applicable Laws Why do we have to allow Comfort Animals?

Applicable Laws

Why do we have to allow Comfort Animals?

The "why" centers around three civil rights laws that ensure equal opportunity for people with disabilities. Civil Rights Laws: ? Americans With Disabilities Act 1990 (ADA) ? ? 504 of the Rehabilitation Act of 1973 as Amended 2008 ? Fair Housing Act of 1968 as Amended 1988

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Disability

Disability The term "disability" means, with respect to an individual: (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.

Major Life Activities In general, major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Regarded as having such an impairment An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. This does not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

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Service Animals

Service Animals

Applicable laws:

Titles II and III of the Americans with Disabilities Act of 1990 ? 504 of the Rehabilitation Act of 1973 Fair Housing Act

Definition: As defined by the Americans with Disabilities Act (ADA), a service animal is any dog that is individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. (In some instances, as set out in the ADA regulations at 28 CFR 35.136(i), a miniature horse may qualify as a service animal.) The work the dog has been trained to do must be directly related to the person's disability. Examples include, but are not limited to: helping a blind or low-vision person with navigation or other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting a person during a seizure, alerting a person to the presence of allergens, retrieving items such as medicine or a telephone, providing balance and stability support for a person with a mobility impairment, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

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Service Animals

The deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purpose of this definition. In compliance with federal law, service animals are generally allowed in buildings, classrooms, residence halls, dining areas, recreational facilities, and at meetings, activities and events when the animal is accompanied by the individual with a disability. Service animals may not be allowed when the animal poses a substantial and direct threat to the health or safety of others, or if the presence of the animal fundamentally alters the nature of the program or service in which the person with a disability is participating. Determinations of this kind should be made on a case-by-case basis.

If there is a question of whether or not a dog is a service animal, the following may be asked:

1. Is the dog required because of a disability? (if the disability is not visibly apparent) 2. What work or task has the dog been trained to do?

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Comfort Animals

Comfort/Emotional Support/Therapy/Assistance Animals

Applicable laws:

ADA ? 504 of the Rehabilitation Act of 1973 Fair Housing Act

Definition: As defined by the Fair Housing Act, a comfort/emotional support/therapy assistance animal may provide physical assistance, emotional support, calming, stability, and other kinds of support. The presence of the animal must be necessary in order to provide the resident with a disability the use and enjoyment of the dwelling. There must be an identifiable relationship or nexus between the disability and the assistance or support the animal provides. Emotional support/therapy/assistance animals do not perform work or tasks that qualify them as "Service Animals" under the Americans with Disabilities Act.

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