Finally! Clarification from the Department of Justice on the new rules for implementation of the Americans with Disabilities Act (ADA) as it pertains to “Service Animals.” The publication can be found here.
It’s important to note that ADA and Fair Housing laws are NOT the same. Fair Housing Law provides for a much broader definition of “Service Animal.” More on that here.
The new ADA rules state, in part:
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.
The publication goes on to say:
This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.
If you manage office buildings, retail properties, or industrial properties, this new publication should prove extremely useful in helping your office draft policy pertaining to Service Animals for your clients and customers.
Questions or Comments? Please participate in the discussion by leaving your remarks on this post.
It seems the recent amendments to ADA that limit such animals to trained dogs, continues to present a good deal of confusion to the housing provider community. I’ve received numerous emails from property managers, homeowner association managers, landlords and tenants, all under the assumption that the new ADA rules somehow apply to their private housing. Nothing could be further from the truth.
In this post, I hope to put the confusion to rest.
For those of us who manage public buildings (offices, restaurants, movie theaters, etc.), there’s a new bill being considered on a federal level that, if approved, will amend the Americans with Disabilities Act (ADA) to require notice to the property owner of alleged ADA violations before a lawsuit can be filed.