Welcome! Assistance Animals in Public Accommodations & Housing - - PDF document

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Welcome! Assistance Animals in Public Accommodations & Housing - - PDF document

8/11/2014 Welcome! Assistance Animals in Public Accommodations & Housing will begin at 2:00 p.m. Eastern Time 1 Listening to the Webinar Online: Please make sure your computer speakers are turned on or your headphones are plugged in


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Welcome!

Assistance Animals in Public Accommodations & Housing

will begin at 2:00 p.m. Eastern Time

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Listening to the Webinar (cont.)

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1-443-453-0034 Pass Code: 368564 This is not a toll-free number

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Submitting Questions

  • In the webinar platform:
  • Double-click on “Mid-Atlantic ADA Center” in

the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your question in the text box and “enter”

  • Your question will be sent to the

presenters; other participants will not be able to see it

  • E-mail: ADAtraining@transcen.org

Participant list

5

Technical Assistance

If you experience technical difficulties

  • Use the Chat panel to send a message to the Mid-Atlantic ADA

Center

  • E-mail ADAtraining@transcen.org
  • Call 301-217-0124

6

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Archive

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accessed within a few business days

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  • n accessing the archive

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Continuing Education Credits

  • Please consult the reminder email you received about this

session for instructions on obtaining continuing education credits for this webinar.

  • You will need to listen for the continuing education code which

will be announced at the conclusion of this session.

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12:00 PM EDT August 15, 2014

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Assistance Animals in Public Accommodations & Housing

Presented by:

Mid-Atlantic ADA Center Logo

Today’s presenter: Kat Taylor

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Equal Rights Center logo

  • Service and Assistive Animals

August 14, 2014

  • Kat Taylor

5 photographs of various people

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The The Equal Rights s Center r is a non non-profit rofit civil l rights s organizat zation ion dedicat ated ed to promotin

  • ting

g equal opportunity nity in housing, g, employm

  • yment

ent, , public c accommod modatio ations, ns, and govern rnmen ment t services ces.

Equal Rights Center

11

ERC RC Services ces

  • Educati

tion and Outreach

  • Complia

iance Services ices

  • Civil

il Rights ts Testi ting

  • Inta

takes and Advocacy

Woman talking to another woman

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Objecti ctives ves

  • Applic

licable able Laws (ADA Title le III and FHA, only)

  • Reasonable
  • nable Modific

icat ations

  • ns & Accom
  • mmodat

dations ions

  • Defining

ining the animal

  • Animals

als as a modific icat ation ion and accom

  • mmodation
  • dation
  • Common
  • n questions

ions and answers ers

13

Ameri rican cans s with Disabili lities ties Act (ADA) A)

The Americans with Disabilities Act, enacted in 1990, prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and government services.

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Ameri rican cans s with Disabilities bilities Act

  • Title I: Employment
  • Title II: State and Local Government, Transportation
  • Title III: Public Accommodations
  • Title IV: Telecommunications
  • Title V contains miscellaneous provisions

15

Ameri rican cans s with Disabili lities ties Act Title le III

Prohibits discrimination by all businesses open the public, this includes ensuring structural accessibility and providing reasonable modifications to ensure equal access to good and services.

Wheelchair at steps

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Fair r Housing g Act (FHA) A)

The Fair Housing ng Act is comprised of Title VIII of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988: The FHA states that, it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

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Protec tected ted Classes sses

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Familial Status
  • Disability

Man, woman and baby

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Disability bility as Defined ed by the Law aw

An individu vidual l with a disabili lity ty is define ined as a perso son who: :

  • Has a physical

ical or menta tal impairm rment t that t substa stantia tiall lly y limits ts one or more major r life activities, vities, or

  • r
  • Has a record

rd of such an impair irment, t, or

  • Is regarde

rded as having such an impairm rment. t.

Woman in wheelchair

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ADA (Title le III)

  • Restaurants
  • Retail stores
  • Hotels
  • Movie theaters
  • Convention centers
  • Doctors offices
  • Public transportation
  • Museums
  • Apartment leasing
  • ffices

FHA

  • Apartments
  • Condos
  • Nursing Homes
  • Group homes for

recovering addicts (not transient facilities)

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Tamara ara v. El Camino

  • Hospital

ital

Under Title III, a court held that though a hospital’s policy stated that the public or service animals were not permitted in “restricted access areas” of the hospital, a service animal must be permitted in the behavioral health section of a hospital, since it is not sterile area and would not inhibit the staff from performing their duties.

Doctor talking to woman

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The ADA Title e III & Reasonab

  • nable

e Modifications fications

The Americans with Disabilities Act requires private places open to the public to provide people with disabilities reasonab able le modifica fication tions.

Woman in wheelchair on ramp of a van

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FHA and Equal Opport rtuni nity ty to Enjoy the Dwelling ng

The Fair Housing Act requires housing providers to provide and/or allow reaso sonable accommodatio tions s and reasonable le modificat ification ions s for people with disabilities if such changes will afford the person full enjoyment of their housing.

Dog at entrance

  • f home

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Reasonab

  • nable

e Modifications/ fications/ Accommoda

  • mmodatio

tions ns

Changes in rules, policies, practices, or services that give a person with a disability equal opportunity to benefit from a program’s goods and services.

  • Example: Waiving a “no pet” policy
  • Example: Providing alternative forms of

communication

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Denying ing an Accommoda

  • mmodatio

tion

  • If an accommodation request would result in a direct

t threat at to the health and safety of others, the provider is not required to provide it.

  • If an accommodation request would result in a

a fundamen mental tal alteratio ation n to the nature of the program, m, the provider is not required to provide it.

  • If an accommodation request would pose an undue

financ ncial ial or administra istrative tive hardship hip to the program, the provider is not required to provide it.

25

Questions

  • In the webinar platform:
  • Double-click on “Mid-Atlantic ADA Center” in

the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your question in the text box and “enter”

  • Your question will be sent to the

presenters; other participants will not be able to see it

  • E-mail: ADAtraining@transcen.org

Participant list

26

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Servi vice ce Animals ls as a Modifica icatio tion n (ADA) A)

  • A dog
  • Individually trained to do work or perform tasks
  • For the benefit of an individual with a disability, the

work or tasks performed by the service animal must be directly related to the handler’s disability

  • Miniature horses may also be considered a

modification (The crime deterrent effects of an animal’s presence and

the provi vision sion of emotion ional support, rt, well-being ing, comfo fort, rt, or companion ionsh ship ip does s not constitu stitute work or tasks s for the purpose se of this s definitio inition.)

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Miniatu ature re Horses s as a Modifica icatio tion n (ADA) A)

  • Miniature horses generally range in height from 24

inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable.

  • The facility must be able to accommodate the miniature

horse’s type, size, and weight

  • The miniature horse must:

1) Be housebroken 2) Under the owner’s control 3) Not compromise the legitimate safety requirements of the facility

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Newberge rger v. La. Dep’t of Wildlife & Fisherie ries

Court held that four small monkeys did not qualify as service animals under the ADA. While Ms. Newberger had autism, the Court found that her claim that these animals qualified as service animals “lacked merit.” The Court acknowledged that service animal is defined as “any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefits of the individual with a disability.”

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Assistive istive Animals s (FHA) A)

  • The individual must have a recognized disability

under the law

  • The animal must serve to ameliorate at least one of

the conditions of the disability.

(Service

vice animals, s, companion ion animals, ls, and other r trained animals ls that t assist st a perso son with a disabil ility ity)

Service dog laying on floor

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Fair r Housing of the Dakota tas, , Inc. . v. Goldma mark Propert rty Manageme ment t

Court held that emotional support animals do not qualify as service animals under the ADA, but they do qualify as reasonable accommodations under the FHA and thus fees cannot be imposed on an individual needing an emotional support animal as a reasonable accommodation.

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Types es of Service ice & Assistive istive Animals

  • Guide

ide dogs s (ADA & FHA)

  • Dog that

t alerts ts person before re seizu zure re (ADA & FHA)

  • Dog that

t fetch ches es medicat cation ion or acts ts as alarm for medica cation ion (ADA & FHA)

  • Cats that provide emotional

support (FHA)

  • Birds that provide comfort and

companionship (FHA)

  • Monkeys that can pick up and

fetch items (FHA)

Woman with guide dog

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Animal als s as an Accommoda

  • mmodatio

tion (ADA A & FHA)

  • No formal training needed
  • No special harness or vest

necessary

  • Do not need specific

documentation “papers”

Man in wheelchair with service dog

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WHY??? Y???

  • Modifications intended to assure access to public

places vs. accommodations enjoying a dwelling (Public vs. Home)

  • Training (Training vs. No Training)
  • Documentation and identification (No papers vs.

verification)

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Commo mon n Qu Questi tions

  • ns &

Answe swers rs

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Can a restau taura rant nt owner r inquire ire as to the need of an animal mal?

Table at restaurant

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Inquir quiries ies

  • Yes.

Yes.

  • A business owner may inquire if an animal is a

service animal that is required because of a disability and what work or task has the dog been trained to perform.

  • But may NOT

NOT inquire as to the nature and extent of an individuals or disability or require that the animal “prove” it can perform a certain task.

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Can a housi sing ng provide ider r inquire uire as to the need of animal al?

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Asse sessi ssing ng the Need ed

It is unlawful for a housing provider to deny a request for a modification or accommodation if there is an identifiable “nexus” and the request is reasonable. To assess the need to provide the accommodation a housing provider can require:

  • Verification as to whether the person has a disability IF the

disability is not visible

  • Description of the needed modification or accommodation
  • Demonstrated relationship between the person’s disability

and the request.

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When n can an animal mal be exclu luded ed from a place ce of publi lic c accommod mmodati ation

  • n

such ch as a store e or restaur aurant ant?

Service dog

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Owner’s Res espon ponsib sibilities lities

An animal may be excluded if it is not house broken or poses a direct threat to other customers or the property.

  • The “threat” must pose a direct health and

safety risk to others. Allergies of others are generally not considered threats.

  • Threat to property does not include normal

wear and tear such as needing to clean dog hair or flooring.

  • Speculation, NOT a threat

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When n can an animal al be excl clude uded d from an apartm rtment ent compl plex ex?

Outdoor area of an apartment complex

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Owner’s Res espon ponsib sibilities lities

  • Animals must not pose a threat to others or the

property

  • Residents must follow “pet” rules that may

include: clean up and general control of animal

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Can ‘prohibited’ breeds of dogs (pitbu tbulls ls) ) be exclu luded ded from publi lic c places es and housi sing ng if they y are servi vice ce animal als? s?

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Sak v. City ty of Aurelia elia

  • No. If a dog has record of non-aggressive

behavior, enforcement of the ADA, or national public interest, trumps that of the local public interest in the regulation of certain breeds of dogs for health and public safety.

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Are dogs that assi sist st indiv ividu iduals als with h PTSD actual al serv rvic ice e dogs or emotio tional nal suppor port t animal als? s?

Service dog

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  • It depends.

s.

  • But it is very likely they are service dogs. Many dogs

that assist individuals with PTSD perform tasks such as fetching medication and creating additional personal space in public places. ***Rememb Remember, r, in determinin ining whether an animal is a service vice animal l or emotion ional support rt animal, l, look to what t they are trained to do and not the nature of a person’s disabil ility. ity.

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Can a housi sing ng provide vider r impose se a fee on an indi divi vidua dual l with an assis istive tive animal? mal?

Woman at computer on phone

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Fees es

  • No.
  • As a reasonable accommodation, the housing

provider is responsible for any costs and may not impose additional costs on a tenant.

49

Do homeles ess s and emerge gency ncy shel elters ers have to permit t servi vice ce animals mals and assis istive tive animal als? s?

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  • It

It depends. s.

  • All

All shelters are places of public accommodation under the ADA and must admit service animals as a modification.

  • Shelters that serve as permanent housing, also fall

under the FHA and must permit service animals AND emotional support animals and other assistive animals.

  • In either instance, the handler, not shelter staff, is

responsible for care of the animal.

51

Questions

  • In the webinar platform:
  • Double-click on “Mid-Atlantic ADA Center” in

the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your question in the text box and “enter”

  • Your question will be sent to the

presenters; other participants will not be able to see it

  • E-mail: ADAtraining@transcen.org

Participant list

52

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RESOUR URCES CES

  • The Americans with Disabilities Amendments Act of 2008. 42 U.S.C. §§

12181-89.

  • The Fair Housing Amendments Act of 1988. 42 U.S.C. § 3601, et seq.
  • Americans with Disabilities Act Title III Regulations 2010. 28 CFR Part 36.
  • Pet Ownership for the Elderly and Persons with Disabilities 2008. 24 CFR

Part 5.

  • Bazelon Center for Mental Health Law. Right to Emotional Support Animals

in “No Pet” Housing.

  • Memorandum to the FHEO Regional Directors from Sara Pratt, Deputy

Assistant Secretary for Enforcement and Programs, U.S. Department of Housing and Urban Development, New ADA Regulations and Assistance Animals as Reasonable Accommodations under the Fair Housing Act and Section 504 of the Rehabilitation Act (Feb 17, 2011)

  • United States Department of Housing and Urban Development, “Joint

Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Accommodations under the Fair Housing Act,” (2004)

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Kat Taylor Equal Rights Center ktaylor@equalrightscenter.org 202-370-3224

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Contact Us

  • ADA questions

– ADA National Network

  • 1-800-949-4232 V/TTY
  • www.adata.org
  • Questions about this presentation

– Mid-Atlantic ADA Center

  • 1-800-949-4232 V/TTY (DC, DE, MD, PA, VA, WV)
  • 301-217-0124 local
  • www.adainfo.org

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CEUs

  • The continuing education code for this

session:

  • Please consult your webinar reminder e-

mail message for further information on receiving continuing education credits Thank you for joining us!

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