Support Animal vs Service Animal - Is there difference?

It's been a while since I've posted or started a discussion. I am a property manager of 30 years. The laws have changed a lot since I started working in this industry in 1988. Right now I work on a very small owner managed property of 98 units.

In regards to large animals, we find a lot of prospects come to us with Support Animals. I realize that this is a very touchy subject for Property Managers, and Owners. So here's my dilemma.

The reason I'm writing right now is that HAA office is closed right now. The owner says...There is a difference between a Service Animal and a Support Animal and that we do not have to take a Support Animal if it is not in our purview of approved animals. I say according to fair housing they are the same. He says NO! I work directly with the owner, so I have these discussions with him all the time. Sometimes he is right and then....Sometimes...not so much.

I could use some help here today...Any input would be helpful! Thank you!

I decided to do some digging and I found out...The Owner is correct! The DOJ has amended its ADA-related regulations to limit the definition of "Service Animal" EXCLUDING emotional support animals.

See the attached file from Redbook Fair housing act....

This is good to know...Going forward...The person with the Service animal has to be classified as "Disabled".

With all due respect to your owner, under the Fair Housing Act (FAA), there is no difference between a Service/Support/Comfort/Emotional Support/Therapy or any other animal that is being used by a disabled person in order for them to more fully enjoy living at your community.

The ADAAA applies to your public areas and the FAA applies to everything else, including apartment home interior and all other property areas. The ADAAA only recognizes trained service animals and does not recognize companion/therapy/emotional support animals. The FHA makes no such distinction.

You may not ban an entire breed or species and you may deny a specific animal if it poses a specific threat or if having the animal at the community doesn't pass the "reasonable" test (a request for an accommodation is not reasonable if it fundamentally alters the nature of the business and/or if it creates an undue administrative or financial burden.

If a person has a readily observable disability and you can see the nexus of the animal they are requesting and the disability, you may not require any written confirmation of their need for the animal. If the person's disability is not readily observable, you may request written confirmation from the person's care giver or health care provider that the person is disabled as defined in the FHA and that they need the animal.

Hope this helps!

Fair Housing and animals make us feel like we are treading in treacherous waters. Doug and I agree. I want to add that if you require a document from a knowledgeable 3rd party/healthcare provider that it would be smart for you to send the document (with specifics) that you want to be signed. This can cut down delays because the document provider rarely sends the information you need. It is my opinion that sensitivity to a person claiming a disability is necessary. Don't ask for the nature or severity of the disability, ask only if the person has a disability as defined by the fair housing act and if in fact, the animal is necessary due to the disability.
The document that I designed for my clients closes with "Your signature indicates, if it becomes necessary, that you are willing to testify in a court of law." That might make phonies reconsider! Reminder, I am not an attorney. This is my opinion.

Rachel, just to give you a bit of context, Doug and Anne are the people I turn to when I have Fair Housing questions - they have presented webinars for the Insider community for years on the subject, so I would trust their guidance.

So to be clear...The Department of Justice does not have jurisdiction over the Fair Housing Act? And...

We agree that the person with the support/service animal must be classified as "Disabled" and have legal papers to prove it.

It turned out that the person in question with the Support did indeed have 2 Labs and not one. In my 30 years of working in this industry, I have to admit...this law is as clear as mud. I had to laugh recently when I saw the person trying to bring her Support Peacock on the plane!

Thank you for your replies. I really appreciate it.

Hi Anne,

Would you mind sharing the document you created for your clients? I would love to see an example as this is also something we are struggling with (weeding out the phonies vs the residents who truly need an emotional support animal).

Here ya go!
adata.org/publication/service-animals-booklet

This is awesome. Thank you so much! I had one come in today. She said Support Animal. I explained the legal definition to her and proceeded to give her the deposit information. I just printed out this 20 page document. It's incredibly helpful! Thanks again.

Thank you for this form.
I also am a long term Manager ( 1985) and this is definitely an area that has gotten very muddy. Treading very carefully has been tricky.

My experience has been similar. I have asked to whom to send this 3rd party verification and 90% of the time, the Prospect or Resident drop the matter completely. For those that accept the verification process, the matter is quickly handled and I have had no problems at all.

Mike C. - This document only discusses ADA. As a housing provider, you are also required to follow the Fair Housing Act which does not distinguish between Support and Service animals.

Be careful.

Sorry to be late in joining in this conversation. If you are a member of NAA (National Apartment Association), they have an Emotional Support Animal Toolkit on their website, www.naahq.org . This is a wonderful tool to us, and includes forms to request an accommodation, a form for the health care provider to complete, and even scripts for your team to use. That being said, I LOVE Ann's idea of adding language that states the health care provider will agree to testify in court if necessary.

Do you use a form for the resident to give to their health care provider to sign? If so, will you share?

Hi Terry, I highly recommend the forms included on the National Apartment Association website. There are great documents in their Emotional Support Animal Toolkit on their website, naahq.org. Great forms, and great tools, to include scripts for each team member to use. Take a look! VS