Does A Service Animal Have To Be A Dog

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Service Animals and Emotional Support Animals

Where are they allowed and under what conditions?

Jacquie Brennan
Vinh Nguyen (Ed.)
Southwest ADA Heart
A program of ILRU at TIRR Memorial Hermann

Foreword

This manual is dedicated to the retentivity of Pax, a devoted guide canis familiaris, and to all the handler and domestic dog teams working together beyond the nation. Guide dogs make it possible for their handlers to travel safely with independence, freedom and nobility.

Pax guided his handler faithfully for over 10 years. Together they negotiated countless busy intersections and safely traveled the streets of many cities, large and small. His expert guiding kept his handler from injury on more than one occasion. He accompanied his handler to business organisation meetings, restaurants, theaters, and social functions where he conducted himself as would any highly-trained guide dog. Pax was a seasoned traveler and was the first domestic dog to fly in the cabin of a domestic shipping to Great U.k., a state that had previously barred service animals without extended quarantine.

Pax was built-in in the kennels of The Seeing Heart in the beautiful Washington Valley of New Jersey in March 2000. He lived with a puppy-raiser family unit for almost a twelvemonth where he learned bones obedience and was exposed to the sights and sounds of community life—the same experiences he would presently face as a guide dog. He and then went through 4 months of intensive training where he learned how to guide and ensure the safety of the person with whom he would be matched. In November 2001 he was matched with his handler and they worked every bit a team until Pax's retirement in January 2012, after a long and successful career. Pax retired with his handler's family, where he lived with two other dogs. His life was full of play, long naps, and recreational walks until his expiry in January 2014.

It is the sincere promise of Pax'southward handler that this guide will be useful in improving the agreement most service animals, their purpose and role, their extensive training, and the rights of their handlers to travel freely and to experience the same access to employment, public accommodations, transportation, and services that others take for granted.

I. Introduction

Individuals with disabilities may apply service animals and emotional back up animals for a variety of reasons. This guide provides an overview of how major Federal civil rights laws govern the rights of a person requiring a service brute. These laws, as well as instructions on how to file a complaint, are listed in the final section of this publication. Many states also have laws that provide a unlike definition of service animal. Y'all should check your state's law and follow the law that offers the well-nigh protection for service animals. The document discusses service animals in a number of unlike settings equally the rules and allowances related to access with service animals will vary co-ordinate to the law applied and the setting.

II. Service Animal Defined by Title II and Championship 3 of the ADA

A service fauna means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a concrete, sensory, psychiatric, intellectual, or other mental disability. Tasks performed can include, amidst other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person to have medication, or pressing an lift push button.

Emotional support animals, comfort animals, and therapy dogs are non service animals under Title 2 and Title Three of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are non considered service animals either. The piece of work or tasks performed by a service animal must exist direct related to the individual's inability. It does not matter if a person has a notation from a doctor that states that the person has a disability and needs to have the fauna for emotional support. A doctor's letter does non turn an creature into a service beast.

Examples of animals that fit the ADA's definition of "service animal" because they have been specifically trained to perform a chore for the person with a disability:

· Guide Canis familiaris or Seeing Center® Domestic dog¹ is a carefully trained dog that serves every bit a travel tool for persons who accept astringent visual impairments or are blind.

· Hearing or Betoken Dog is a dog that has been trained to warning a person who has a significant hearing loss or is deafened when a audio occurs, such as a knock on the door.

· Psychiatric Service Dog is a dog that has been trained to perform tasks that assist individuals with disabilities to notice the onset of psychiatric episodes and lessen their furnishings. Tasks performed past psychiatric service animals may include reminding the handler to have medicine, providing safety checks or room searches, or turning on lights for persons with Mail service Traumatic Stress Disorder, interrupting self-mutilation past persons with dissociative identity disorders, and keeping disoriented individuals from danger.

· SSigDOG (sensory indicate dogs or social signal dog) is a dog trained to assist a person with autism. The domestic dog alerts the handler to distracting repetitive movements common amid those with autism, allowing the person to stop the movement (e.g., hand flapping).

· Seizure Response Dog is a canis familiaris trained to assist a person with a seizure disorder. How the dog serves the person depends on the person'southward needs. The dog may stand guard over the person during a seizure or the dog may get for help. A few dogs have learned to predict a seizure and warn the person in accelerate to sit down or movement to a rubber place.

Under Championship II and III of the ADA, service animals are limited to dogs. However, entities must make reasonable modifications in policies to let individuals with disabilities to use miniature horses if they take been individually trained to do piece of work or perform tasks for individuals with disabilities.

Iii. Other Support or Therapy Animals

While Emotional Support Animals or Condolement Animals are often used as part of a medical treatment programme as therapy animals, they are not considered service animals nether the ADA. These support animals provide companionship, salvage loneliness, and sometimes help with depression, anxiety, and certain phobias, but do non have special training to perform tasks that assist people with disabilities. Even though some states have laws defining therapy animals, these animals are non limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals. Therapy animals provide people with therapeutic contact, usually in a clinical setting, to meliorate their physical, social, emotional, and/or cognitive functioning.

4. Handler'southward Responsibilities

The handler is responsible for the care and supervision of his or her service animal. If a service creature behaves in an unacceptable way and the person with a inability does non control the beast, a business or other entity does not have to allow the fauna onto its premises. Uncontrolled barking, jumping on other people, or running away from the handler are examples of unacceptable behavior for a service animal. A business has the right to deny admission to a dog that disrupts their business organisation. For case, a service dog that barks repeatedly and disrupts another patron'southward enjoyment of a moving picture could be asked to leave the theater. Businesses, public programs, and transportation providers may exclude a service animal when the animal's beliefs poses a directly threat to the health or condom of others. If a service animate being is growling at other shoppers at a grocery shop, the handler may be asked to remove the animate being.

· The ADA requires the animate being to be nether the control of the handler. This can occur using a harness, ternion, or other tether. However, in cases where either the handler is unable to hold a tether because of a disability or its use would interfere with the service animal's safe, effective performance of work or tasks, the service fauna must be under the handler's control by another means, such as voice control.²

· The beast must be housebroken.³

· The ADA does not require covered entities to provide for the care or supervision of a service animal, including cleaning upwards after the animal.

· The animal should be vaccinated in accord with state and local laws.

· An entity may also assess the type, size, and weight of a miniature horse in determining whether or not the horse will be allowed access to the facility.

V. Handler's Rights

a) Public Facilities and Accommodations

Titles II and III of the ADA makes it clear that service animals are allowed in public facilities and accommodations. A service animate being must be immune to accompany the handler to any place in the edifice or facility where members of the public, program participants, customers, or clients are allowed. Even if the business or public program has a "no pets" policy, it may not deny entry to a person with a service animal. Service animals are not pets. And then, although a "no pets" policy is perfectly legal, information technology does not allow a business organisation to exclude service animals.

When a person with a service creature enters a public facility or place of public accommodation, the person cannot be asked about the nature or extent of his disability. Simply two questions may be asked:

ane. Is the animal required because of a disability?

2. What work or task has the animal been trained to perform?

These questions should not exist asked, however, if the animal'southward service tasks are obvious. For example, the questions may not exist asked if the dog is observed guiding an individual who is blind or has low vision, pulling a person'southward wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.⁴

A public accommodation or facility is not allowed to ask for documentation or proof that the animal has been certified, trained, or licensed every bit a service animal. Local laws that prohibit specific breeds of dogs do not use to service animals.⁵

A place of public accommodation or public entity may not ask an private with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees. Entities cannot require anything of people with service animals that they do non require of individuals in full general, with or without pets. If a public accommodation normally charges individuals for the damage they cause, an private with a disability may be charged for damage caused past his or her service animal.⁶

b) Employment

Laws prohibit employment discrimination because of a disability. Employers are required to provide reasonable accommodation. Allowing an individual with a disability to have a service animal or an emotional back up animal back-trail them to work may be considered an accommodation. The Equal Employment Opportunity Commission (EEOC), which enforces the employment provisions of the ADA (Title I), does non accept a specific regulation on service animals.⁷ In the case of a service fauna or an emotional support animal, if the inability is not obvious and/or the reason the animal is needed is not clear, an employer may request documentation to establish the existence of a disability and how the animal helps the private perform his or her job.

Documentation might include a detailed description of how the animal would help the employee in performing job tasks and how the animal is trained to behave in the workplace. A person seeking such an accommodation may suggest that the employer let the animal to accompany them to work on a trial basis.

Both service and emotional support animals may be excluded from the workplace if they pose either an undue hardship or a direct threat in the workplace.

c) Housing

The Fair Housing Act (FHA) protects a person with a disability from bigotry in obtaining housing. Under this law, a landlord or homeowner's association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and apply a abode.⁸Emotional support animals that do not qualify as service animals under the ADA may still qualify as reasonable accommodations under the FHA.⁹ In cases when a person with a disability uses a service fauna or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit.^x This animal is not considered a pet.

A landlord or homeowner'southward association may non inquire a housing applicant about the existence, nature, and extent of his or her disability. However, an individual with a inability who requests a reasonable accommodation may be asked to provide documentation so that the landlord or homeowner's association can properly review the accommodation request.¹¹ They can inquire a person to certify, in writing, (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to aid the person with that specific inability; and (three) that the animal really assists the person with a disability. It is of import to continue in heed that the ADA may apply in the housing context equally well, for example with student housing. Where the ADA applies, requiring documentation or certification would not be permitted with regard to an beast that qualifies as a "service beast."

d) Education

Service animals in public schools (K-12) ¹³ – The ADA permits a student with a disability who uses a service animal to accept the animal at school. In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Human activity allow a student to use an animal that does not meet the ADA definition of a service animal if that educatee'south Individual Education Plan (IEP) or Department 504 squad decides the fauna is necessary for the student to receive a free and appropriate educational activity. Where the ADA applies, however, schools should be mindful that the apply of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team.¹⁴

Emotional support animals, therapy animals, and companion animals are seldom allowed to accompany students in public schools. Indeed, the ADA does not contemplate the use of animals other than those meeting the definition of "service brute." Ultimately, the determination whether a student may utilize an animal other than a service creature should be made on a case-by-example basis past the IEP or Section 504 squad.

Service animals in postsecondary education settings – Under the ADA, colleges and universities must allow people with disabilities to bring their service animals into all areas of the facility that are open to the public or to students.

Colleges and universities may have a policy asking students who utilize service animals to contact the school's Disability Services Coordinator to register equally a pupil with a disability. Higher education institutions may not require any documentation about the training or certification of a service brute. They may, even so, crave proof that a service animal has any vaccinations required by country or local laws that employ to all animals.

e) Transportation

A person traveling with a service animal cannot exist denied admission to transportation, even if there is a "no pets" policy. In add-on, the person with a service animate being cannot be forced to sit down in a particular spot; no boosted fees can be charged because the person uses a service animal; and the customer does not have to provide accelerate notice that s/he volition be traveling with a service animal.

The laws utilize to both public and private transportation providers and include subways, stock-still-road buses, Paratransit, rail, light-rail, taxicabs, shuttles and limousine services.

f) Air Travel

At the end of 2020, the U.S. Section of Transportation (DOT) announced that information technology revised its Air Carrier Access Act regulation on the transportation of service animals by air. We are working to update the information provided below to align with the changes. While we take the time to update our data, check out a summary of the changes available on DOT's website. You can besides find some additional data in DOT's Aviation Consumer Protection's article about service animals.

The Air Carrier Access Act (ACAA) requires airlines to allow service animals and emotional back up animals to accompany their handlers in the cabin of the shipping.

Service animals – For evidence that an animal is a service animal, air carriers may ask to encounter identification cards, written documentation, presence of harnesses or tags, or ask for verbal assurances from the individual with a inability using the animal. If airline personnel are uncertain that an fauna is a service animal, they may ask one of the post-obit:

1. What tasks or functions does your animal perform for yous?

ii. What has your animal been trained to do for you?

3. Would you draw how the brute performs this task for you? ¹⁵

Emotional support and psychiatric service animals – Individuals who travel with emotional support animals or psychiatric service animals may need to provide specific documentation to plant that they have a disability and the reason the creature must travel with them. Individuals who wish to travel with their emotional support or psychiatric animals should contact the airline ahead of time to find out what kind of documentation is required.

Examples of documentation that may be requested by the airline: Electric current documentation (not more than than ane year old) on letterhead from a licensed mental health professional stating (1) the passenger has a mental health-related inability listed in the Diagnostic and Statistical Transmission of Mental Disorders (DSM Four); (ii) having the animal accompany the rider is necessary to the passenger's mental health or treatment; (3) the individual providing the assessment of the passenger is a licensed mental health professional and the passenger is nether his or her professional care; and (4) the date and type of the mental wellness professional'southward license and the state or other jurisdiction in which it was issued.^sixteen This documentation may be required as a condition of permitting the animal to accompany the passenger in the cabin.

Other animals – According to the ACAA, airlines are not required otherwise to behave animals of any kind either in the cabin or in the cargo hold. Airlines are free to adopt whatsoever policy they cull regarding the carriage of pets and other animals (for example, search and rescue dogs) provided that they comply with other applicative requirements (for example, the Animate being Welfare Human activity).

Animals such equally miniature horses, pigs, and monkeys may exist considered service animals. A carrier must determine on a example-by-instance footing according to factors such as the animal's size and weight; country and foreign land restrictions; whether or not the beast would pose a direct threat to the wellness or safety of others; or cause a fundamental amending in the cabin service.¹⁷ Individuals should contact the airlines alee of travel to find out what is permitted.

Airlines are not required to transport unusual animals such every bit snakes, other reptiles, ferrets, rodents, and spiders. Strange carriers are not required to send animals other than dogs.¹⁸

Six. Reaction/Response of Others

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. If employees, fellow travelers, or customers are afraid of service animals, a solution may exist to allow enough infinite for that person to avoid getting close to the service creature.

Almost allergies to animals are caused by direct contact with the animal. A separated space might exist adequate to avoid allergic reactions.

If a person is at gamble of a significant allergic reaction to an fauna, it is the responsibility of the business or government entity to notice a way to accommodate both the private using the service animal and the individual with the allergy.

VII. Service Animals in Training

a) Air Travel

The Air Carrier Access Deed (ACAA) does not allow "service animals in grooming" in the motel of the aircraft because "in training" status indicates that they exercise not even so run into the legal definition of service animal. However, similar pet policies, airline policies regarding service animals in training vary. Some airlines let qualified trainers to bring service animals in preparation aboard an aircraft for training purposes. Trainers of service animals should consult with airlines and get familiar with their policies.

b) Employment

In the employment setting, employers may be obligated to permit employees to bring their "service animal in preparation" into the workplace as a reasonable accommodation, especially if the animal is existence trained to assist the employee with work-related tasks. The untrained creature may be excluded, notwithstanding, if it becomes a workplace disruption or causes an undue hardship in the workplace.

c) Public Facilities and Accommodations

Title II and Three of the ADA does not embrace "service animals in training" but several states have laws when they should be allowed access.

Viii. Laws & Enforcement

a) Public Facilities and Accommodations

Title 2 of the ADA covers land and local government facilities, activities, and programs. Championship III of the ADA covers places of public accommodations. Department 504 of the Rehabilitation Deed covers federal government facilities, activities, and programs. It also covers the entities that receive federal funding.

Championship II and Title III Complaints – These tin be filed through private lawsuits in federal court or directed to the U.South. Department of Justice.

U.Due south. Section of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Partition
Disability Rights Section – NYA
Washington, DC 20530
http://www.ada.gov
800-514-0301 (v)
800-514-0383 (TTY)

Section 504 Complaints – These must be made to the specific federal agency that oversees the program or funding.

b) Employment

Title I of the ADA and Department 501 and Section 504 of the Rehabilitation Act prohibits bigotry in employment. The ADA covers private employers with 15 or more employees; Department 501 applies to federal agencies, and Section 504 applies to whatsoever programme or entity receiving federal financial assistance.

ADA Complaints - A person must file a charge with the Equal Employment Opportunity Committee (EEOC) within 180 days of an alleged violation of the ADA. This borderline may be extended to 300 days if at that place is a state or local off-white employment practices bureau that also has jurisdiction over this matter. Complaints may be filed in person, by mail, or past phone by contacting the nearest EEOC part. This number is listed in most telephone directories under "U.S. Government." For more data:

http://www.eeoc.gov/contact/index.cfm
800-669-4000 (voice)
800-669-6820 (TTY)

Section 501 Complaints - Federal employees must contact their agency'south Equal Employment Opportunity (EEO) officer inside 45 days of an alleged Section 501 violation.

Section 504 Complaints – These must be filed with the federal agency that funded the employer.

c) Housing

The Fair Housing Deed (FHA), equally amended in 1988, applies to housing. Section 504 of the Rehabilitation Human activity of 1973 prohibits discrimination on the footing of disability in all housing programs and activities that are either conducted by the federal government or receive federal financial assistance. Title II of the ADA applies to housing provided past state or local government entities.

Complaints – Housing complaints may exist filed with the Department of Housing and Urban Development (HUD) Role of Off-white Housing and Equal Opportunity.

http://world wide web.hud.gov/fairhousing

800-669-9777 (phonation)

800-927-9275 (TTY)

d) Educational activity

Students with disabilities in public schools (G-12) are covered by Individuals with Disabilities Education Act (IDEA), Title 2 of the ADA, and Section 504 of the Rehabilitation Human action. Students with disabilities in public postsecondary education are covered by Title Ii and Section 504. Title III of the ADA applies to private schools (Thousand-12 and postal service-secondary) that are not operated by religious entities. Private schools that receive federal funding are besides covered past Section 504.

IDEA Complaints - Parents tin can request a due process hearing and a review from the state educational agency if applicative in that state. They also tin appeal the state agency's decision to state or federal court. You may contact the Office of Special Teaching and Rehabilitative Services (OSERS) for further information or to provide your ain thoughts and ideas on how they may better serve individuals with disabilities, their families and their communities.

For more information contact:

Part of Special Pedagogy and Rehabilitative Services

U.S. Section of Educational activity

400 Maryland Avenue, Southward.W.

Washington, DC 20202-7100

202-245-7468 (voice)

Championship Two of the ADA and Section 504 Complaints - The Function for Civil Rights (OCR) in the Department of Educational activity enforces Title II of the ADA and Section 504 as they use to pedagogy. Those who have had access denied due to a service beast may file a complaint with OCR or file a private lawsuit in federal court. An OCR complaint must be filed within 180 agenda days of the date of the alleged bigotry, unless the time for filing is extended for good cause. Earlier filing an OCR complaint confronting an institution, an private may want to find out almost the institution's grievance procedure and use that process to have the complaint resolved. However, an individual is non required past law to use the institutional grievance process before filing a complaint with OCR. If someone uses an institutional grievance process then chooses to file the complaint with OCR, the complaint must be filed with OCR within threescore days later the terminal act of the institutional grievance procedure.

For more information contact:

U.S. Section of Teaching

Role for Civil Rights

400 Maryland Avenue, S.W.

Washington, DC 20202-1100

Customer Service: 800-421-3481 (vox)

800-877-8339 (TTY)

Due east-mail: OCR@ed.gov

http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Championship III Complaints – These may exist filed with the Department of Justice.

U.S. Department of Justice

950 Pennsylvania Avenue, N.Due west.

Civil Rights Division

Inability Rights Department – NYA

Washington, DC 20530

http://world wide web.ada.gov/

800-514-0301 (five)

800-514-0383 (TTY)

e) Transportation

Championship II of the ADA applies to public transportation while Title 3 of the ADA applies to transportation provided by private entities. Section 504 of the Rehabilitation Act applies to federal entities and recipients of federal funding that provide transportation.

Title II and Department 504 Complaints – These may exist filed with the Federal Transit Assistants's Office of Civil Rights. For more information, contact:

Director, FTA Office of Civil Rights

E Edifice – fifth Floor, TCR

1200 New Jersey Ave., Southward.E.

Washington, DC 20590
FTA ADA Assistance Line: 888-446-4511 (Vocalism)
800-877-8339 (Federal Data Relay Service)
http://www.fta.dot.gov/civil_rights.html
http://www.fta.dot.gov/12874_3889.html (Complaint Form)

Title 3 Complaints – These may be filed with the Section of Justice.

U.Due south. Department of Justice

950 Pennsylvania Avenue, N.W.

Civil Rights Sectionalization

Disability Rights Department – NYA

Washington, DC 20530

http://www.ada.gov
800-514-0301 (v)

800-514-0383 (TTY)

Note: A person does not have to file a complaint with the respective federal bureau before filing a lawsuit in federal courtroom.

f) Air Transportation

The Air Carrier Access Act (ACAA) covers airlines. Its regulations clarify what animals are considered service animals and explain how each type of fauna should be treated.

ACAA complaints may exist submitted to the Section of Transportation's Aviation Consumer Protection Division. Air travelers who feel inability-related air travel service problems may call the hotline at 800-778-4838 (voice) or 800- 455-9880 (TTY) to obtain assistance. Air travelers who would like the Section of Transportation (DOT) to investigate a complaint about a disability issue must submit their complaint in writing or via due east-mail to:

Aviation Consumer Protection Division
Attn: C-75-D
U.South. Department of Transportation
1200 New Bailiwick of jersey Ave, S.Due east.
Washington, DC 20590

For additional data and questions about your rights under any of these laws, contact your regional ADA center at 800-949-4232 (vocalism/TTY).

Acknowledgements

The contents of this booklet were developed by the Southwest ADA Center under a grant (#H133A110027) from the Section of Education's National Establish on Disability and Rehabilitation Inquiry (NIDRR). Nevertheless, those contents do not necessarily represent the policy of the Department of Education and you lot should not assume endorsement past the Federal Government.

Southwest ADA Center at ILRU
TIRR Memorial Hermann Research Center
1333 Moursund St.
Houston, Texas 77030
713.520.0232 (voice/TTY)
800.949.4232 (vocalisation/TTY)
http://world wide web.southwestada.org

The Southwest ADA Middle is a program of ILRU (Independent Living Research Utilization) at TIRR Memorial Hermann. The Southwest ADA Center is part of a national network of ten regional ADA Centers that provide up-to-date data, referrals, resource, and grooming on the Americans with Disabilities Act (ADA). The centers serve a variety of audiences, including businesses, employers, authorities entities, and individuals with disabilities. Call 1-800-949-4232 five/tty to reach the center that serves your region or visit http://www.adata.org.

This volume is printed courtesy of the ADA National Network. The Southwest ADA Center would similar to thank Jacquie Brennan (author), Ramin Taheri, Richard Footling, Kathy Gips, Emerge Weiss, Wendy Strobel Gower, Erin Marie Sember-Chase, Marian Vessels, and the ADA Knowledge Translation Center at the University of Washington for their contributions to this booklet.

Principal Investigator: Lex Frieden
Projection Manager: Vinh Nguyen
Publication staff: Maria DelBosque, Marisa Demaya, and George Powers

[i] http://www.seeingeye.org

[2] 28 C.F.R. 36.302(c)(4); 28 C.F.,R. § 35.136(d).

[iii] 28 C.F.R. 36.302(c)(2); 28 C.F.,R. §35.136(b)(2).

[4] 28 C.F.R. 36.302(c)(six).

[5] See 28 C.F.R. Pt. 35, App. A; Sak v. Aurelia, City of, C 11-4111-MWB (N.D. Iowa Dec. 28, 2011)

[vi] 28 C.F.R. 36.302(c)(8).

[vii] 29 C.F.R. Pt. 1630 App. The EEOC, in the Interpretive Guidance accompanying the regulations, stated that guide dogs may be an adaptation..."For example, it would be a reasonable accommodation for an employer to allow an individual who is blind to utilise a guide canis familiaris at work, even though the employer would not exist required to provide a guide dog for the employee."

[8] 42 U.S.C. § 3604(f)(iii)(B).

[9] Fair Housing of the Dakotas, Inc. 5. Goldmark Prop. Mgmt., Inc., three:09-cv-58 (D.N.D. Mar. xxx, 2011): "… the FHA encompasses all types of assistance animals regardless of training, including those that amend a concrete disability and those that meliorate a mental disability."

[10] See Bronk v. Ineichen, 54 F.3d 425, 428-429 (7th Cir. 1995); HUD 5. Purkett, FH-FL 19372 (HUDALJ July 31, 1990) Green v. Housing Authorisation of Clackamas County, 994 F.Supp. 1253 (D. Ore. 1998).

[11] Hawn v. Shoreline Towers Phase 1 Condominium Association, Inc., 347 Fed. Appx. 464 (11th Cir. 2009).

[12] Meet "Pet Ownership for the Elderly and Persons with Disabilities", 73 Federal Annals 208 (27 Oct 2008), pp. 63834-63838; The states. (2004). Reasonable Accommodations under the Fair Housing Act: Joint Argument of the Department of Housing and Urban Evolution and Section of Justice. Washington, D.C: U.S. Department of Housing and Urban Evolution and U.S. Department of Justice [Electronic Version]. Retrieved 03/06/2014 from http://www.justice.gov/crt/about/hce/jointstatement_ra.php.

[13] Individual schools that are non operated by religious entities are considered public accommodations. Delight refer to Department V(a).

[14] Sullivan v. Vallejo City Unified Sch. Dist., 731 F. Supp. 947 (E.D. Cal. 1990).

[15] "Guidance Concerning Service Animals in Air Transportation", 68 Federal Register 90 (9 May 2003), p. 24875.

[xvi] 14 C.F.R. § 382.117(eastward).

[17] 14 C.F.R. § 382.117(f).

[18] Id.