Emo$onal Support Animals: FHA vs. ADA & What You Need to Know. July 23, :00 3:30 PM ET Follow on Twi7er: #SupportAnimalPC

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2 Emo$onal Support Animals: FHA vs. ADA & What You Need to Know July 23, :00 3:30 PM ET Follow on Twi7er: #SupportAnimalPC This presenta,on is copyrighted by PaperClip Communica,ons This presenta,on may not be reproduced without permission from PaperClip Communica,ons and its presenters. This presenta,on and all materials provided during the presenta,on may not be altered. This presenta,on is not intended as legal advice and should be considered general informa,on only. The answers to legal ques,ons generally hinge upon the specific facts and circumstances of an ins,tu,on. Individuals with specific ques,ons should contact their ins,tu,on s legal counsel.

3 Panelists Aaron W. Hughey Professor & Program Coordinator Western Kentucky University The opinions expressed during today s event are not necessarily those of PaperClip Communica:ons

4 Panelists MaM Davis Coordinator, Student Accessibility Resource Center Western Kentucky University The opinions expressed during today s event are not necessarily those of PaperClip Communica:ons

5 The quesfon of when an animal goes from being a pet that provides love and companionship to an emofonal- support animal, without which an owner cannot get through a day, is subjecfve. hmp://

6 As a result of this webinar, you will take away: The ability to answer any ques,ons related to the legal parameters (ADA and FHA) and the prac,cal implica,ons associated with allowing students to have emo,onal support animals on campus. A thorough understanding of the dis,nc,ons between service and emo,onal support animals as they relate to disability requirements in general and access to student housing and other on- campus facili,es in general. The confidence to handle requests for emo,onal support animals in campus housing, including the range of permissible inquires and documenta,on that ins,tu,ons can require. A realis,c approach to evalua,ng requests for excep,ons to applicable policies related to allowing emo,onal support animals on campus. Examples and case studies that serve to illustrate and reinforce the concepts and applica,ons related to using emo,onal support animals as an accommoda,on.

7 Emo$onal Support Animals: The Benefits It is widely accepted that animals can provide emo,onal benefits to people. There is a lot of evidence that animals are major an,depressants, said Carole Fudin, a clinical social worker who specializes in the bond between animals and humans. They give security and are wonderful emo,onal grease to help people with incapacita,ng fears like agoraphobia. hmp://

8 Emo$onal Support Animals: The Benefits Studies have shown real health benefits for those living with pets, including: * lower cholesterol * lower blood pressure * lower triglyceride * reduced stress levels * reduced feelings of loneliness * bemer mental health * increased ac,vity * more opportuni,es for exercise * more opportuni,es for socializa,on * reduced symptoms of anxiety * reduced symptoms associated with PTSD hmp://servicedogcentral.org/content/node/256

9 Let s Define the Problem Court cases under the Americans with Disabili$es Act as well as the Fair Housing Act have made many ins$tu$ons consider their policies and protocols related to emo$onal support animals on campus in an effort to comply with the most up- to- date regula$ons and laws. S$ll, a lot of confusion and ambiguity exists regarding the roles and responsibili$es of ins$tu$ons and other organiza$ons when it comes to emo$onal support animals, as well as the rights and responsibili$es of those who request and employ these accommoda$ons. What are the current laws regarding emo$onal support animals on campus and what does this mean for you? What should you have in your emo$onal support animal policies? Can you require documenta$on? What does this mean for emo$onal support animals in campus housing? How are employee prac$ces altered?

10 Let s Define the Problem The latest updates to HUD rules should go a long way to ensure the right of people to have emo,onal support animals in "no- pet" housing and also ease the way for a more reasonable abtude about having pets. California law, established in 2001 states that: "No governing documents shall prohibit an owner of a separate interest within a common interest development from keeping at least one pet within the common interest development subject to reasonable rules and regula,ons of the associa,on." (12) The law also applies to mobile home parks. Under California law, "governing documents," by the way, includes "opera,ng rules." This landmark Californian legisla,on was preceded by a law to clarify the right to have ESAs in California. hmp://

11 So let s get started

12 Defini$on of an Emo$onal Support Animal An Emo,onal Support Animal (ESA) may or many not have received special training. Generally, if the animal has received advanced training, the animal is referred to as a Psychiatric Service Animal (PSA). However, the American with Disabili,es Act (ADA) guidelines generally provide protec,on for either giving the following criteria are met: The person possessing the animal has been diagnosed by a physician or psychologist as having a DSM- IV recognized condi,on that has shown repeated benefit from animal companionship in repeated studies. The person possessing the animal has a prescrip,on sta,ng the need from a physician or psychiatrist. The animal poses no known threat to other people and has all record of vaccina,ons and health maintenance. hmps://suite.io/reece- manley/1ktc26z

13 The Difference A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, aler:ng a person to a sound, reminding a person to take medica:on, or pressing an elevator bu?on. hmps://adata.org/publica,on/service- animals- booklet

14 The Difference EmoFonal support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domesfc, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual s disability. It does not ma7er if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emofonal support. A doctor s le7er does not turn an animal into a service animal. hmps://adata.org/publica,on/service- animals- booklet

15 The Difference Under the ADA, a service animal must be allowed into the place of public accommoda$on or into the public en$ty. However, dogs that are either not working or not performing a task but are there simply to keep the person with a disability calm are not protected by these regula$ons; these animals are providing emo$onal support, well- being, comfort, or companionship rather than working or performing a task for the handler. That is, these animals are not engaged in what the U.S. Department of Jus$ce would refer to as recogni$on and response. Further, the ADA is not the only law in play. For example, the Fair Housing Act and its regula$ons do allow for emo$onal support animals. Also, the various states will have different approaches for dealing with service animals. hmp://

16 Service Animals vs. Emo$onal Support Animals hmp:// Animals%20in%20Housing.pdf

17 Examples hmp:// Animals%20in%20Housing.pdf

18 When can a request be denied? hmp:// Animals%20in%20Housing.pdf

19 What about pet fees An emo$onal support or comfort animal is not a pet. Therefore, a person with a disability who has an emo$onal support or comfort animal does not have a pet, and thus should not be required to pay a pet deposit, fee, or any other charge. The owner is responsible for any damage caused by the emo$onal support or comfort animal. hmp://fairhousing.forrent.com/disability- accomoda,ons/dear- fair- housing- lady- pet- fees- for- service- animals

20 Psychiatric vs. Emo$onal Support The key dis$nc$on to remember is that a psychiatric service animal is actually trained to perform certain tasks that are directly related to an individual s psychiatric disability. The dog s primary role is not to provide emo$onal support. It is to assist the owner with the accomplishment of vital tasks they otherwise would not be able to perform independently. In addi$on, a psychiatric service dog must not only respond to an owner s need for help, the dog must also be trained to recognize the need for help in the first place. A dog must be able to respond and recognize to be a service dog. By contrast, an emo$onal support dog is a pet that is not trained to perform specific acts directly related to an individual s psychiatric disability. Instead, the pet's owner simply derives a sense of well- being, safety, or calm from the dog s companionship and physical presence. hmp:// encyclopedia/psychiatric- service- dogs- emo,onal- support- animals- access- public- places- other- sebngs.ht

21 People with Psychiatric Disabili$es are En$tled to Emo$onal Support Animals The FHA requires emo,onal support animals (untrained pets) be allowed for adults and children with psychiatric disabili,es without deposits or fees and without species or size limita,ons. All condos, all coops, all apartment complexes are covered and both renters and owners are protected. Excep,ons are made for 2-, 3-, and 4- family buildings, but only if the owner lives in one of the units. Many single- family homes are covered. Homeless and emergency shelters as well as hotels/motels that serve as residences are covered. Best of all, you don t need a lawyer to assert these rights, and if they are violated filing a complaint is free, easy, and can be done over the phone. hmp:// encyclopedia/psychiatric- service- dogs- emo,onal- support- animals- access- public- places- other- sebngs.ht

22 Emo$onal Support Animals It is commonly understood that people can win the right to have companion animals in no- pet housing if they have a doctor s lemer ames,ng to the need for a support animal. In the past, associa,on boards have gomen away with denying doctors lemers several ways. New HUD (U.S. Department of Housing and Urban Development) rules that were adopted in October of 2008 strike down some of the obstacles to ESAs in "no pet" housing. hmp://

23 Emo$onal Support Animals do NOT have to be "task- trained" In a recent case in Boca Raton, Florida, a woman returned from the hospital aler nearly dying from a rare type of pneumonia. She became very depressed, not wan,ng to get out of bed or eat. Her family worried about her. Her physician, also concerned, advised her to get a dog, which made a big difference and she snapped out of her depression. But she lived in a no- pets allowed condo and the associa,on board came aler her. She retained a lawyer. The lawyer had her agree to go through arbitra,on through the Florida DBPR (Department of Business and Professional Regula,on), the unit that oversees condo associa,ons. The arbitrator decided that the dog was not a service dog because it did not perform a specific task for her and she lost. She appealed through the courts, but the judge used the opinion from the DBPR arbitrator. The problem with these decisions is that neither the arbitrator, nor the judge, was knowledgeable about emo,onal support animals. hmp://

24 Emo$onal Support Animals do NOT have to be "task- trained (con$nued) Many sources state that Emo,onal Support Animals are not service animals, unless they have been task- trained, for instance like seeing eye dogs" but these sources are incorrect. Psychiatric service animals perform specific tasks for the benefit of individuals with psychiatric, cogni,ve, or mental disabili,es. The federal Department of Jus,ce lists some examples of tasks done by psychiatric service animals: reminding their handlers to take medica,on, providing safety checks or room searches, turning on lights for persons with Post Trauma,c Stress Disorder, interrup,ng self- mu,la,on by persons with dissocia,ve iden,ty disorders, keeping disoriented individuals from danger, detec,ng the onset of psychiatric episodes, and ameliora,ng their effects. hmp://

25 Emo$onal Support Animals do NOT have to be "task- trained (con$nued) The wording in the new HUD rules says, "emo,onal support animals do not need training to ameliorate the effects of a person s mental and emo,onal disabili,es. Emo,onal support animals by their very nature, and without training, may relieve depression and anxiety, and/or help reduce stress- induced pain in persons with certain medical condi,ons affected by stress." The lemer documen,ng the need for an ESA can come from any qualified medical or mental health professional. hmp://

26 Right to Emo$onal Support Animals in No Pet Housing hmp://

27 What Exactly is a reasonable accommoda$on? hmp://

28 What Exactly is a reasonable accommoda$on? hmp://

29 What Exactly is a reasonable accommoda$on? hmp://

30 Is the tenant a "person with a disability"? hmp://

31 Request an excep$on to the landlord's no pet rule hmp://

32 7 th Inning Stretch We think your health is important. Please feel free to take a 30 second break to stand, stretch and/or reflect before we confnue.

33 Legal Implica$ons Laws prohibit employment discrimina$on because of a disability. Employers are required to provide reasonable accommoda,on. Allowing an individual with a disability to have a service animal or an emo,onal support animal accompany them to work may be considered an accommoda,on. The Equal Employment Opportunity Commission (EEOC), which enforces the employment provisions of the ADA (Title I), does not have a specific regula,on on service animals. 7 In the case of a service animal or an emo,onal support animal, if the disability is not obvious and/or the reason the animal is needed is not clear, an employer may request documenta,on to establish the existence of a disability and how the animal helps the individual perform his or her job. Documenta,on might include a detailed descrip,on 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 accommoda,on may suggest that the employer permit the animal to accompany them to work on a trial basis. hmps://adata.org/publica,on/service- animals- booklet

34 Legal Implica$ons Some states have laws that provide broader protec$on than the ADA. For example, while the ADA only applies to qualified individuals with a disability, Rhode Island s law extends those protec$ons to cover trainers of personal assistance animals as well. On the other hand, over a dozen states have disability discrimina,on laws that, unlike federal laws, exclude psychiatric service dogs from protec,on. (For a list of these states, see hmp:// This does not mean that the ADA does not apply in those states. It means that psychiatric service dog owners simply do not have addi,onal rights under state laws in these locales. As long as federal law applies, the ADA trumps or preempts the more restric,ve state law. hmp:// encyclopedia/psychiatric- service- dogs- emo,onal- support- animals- access- public- places- other- sebngs.ht

35 Legal Implica$ons While the ADA governs the use of emo$onal support animals in public places, two other federal laws, the Air Carrier Access Act (ACAA) and Fair Housing Act (FHAct), govern the use of emo$onal service animals in housing or on commercial aircrab. hmp:// encyclopedia/psychiatric- service- dogs- emo,onal- support- animals- access- public- places- other- sebngs.ht

36 Legal Implica$ons Housing. Under the Fair Housing Act, an individual with a disability may be en,tled to keep an emo,onal support animal in housing facili,es that otherwise do not allow pets. An emo,onal support animal which can include animals other than dogs must be permimed as a reasonable accommoda,on when an individual requires the animal in order to have an equal opportunity to use and enjoy the housing. The assistance the animal provides must relate to the individual s disability. Airlines. Under the Air Carrier Access Act (ACAA), a commercial airline must permit emo,onal support dogs and other animals to accompany qualified passengers with a disability on a flight. Airlines cannot require that a passenger traveling with a service animal provide wrimen documenta,on that the animal is a service animal, but the same is not true for an emo,onal support animal. hmp:// encyclopedia/psychiatric- service- dogs- emo,onal- support- animals- access- public- places- other- sebngs.ht

37 Special Note In both the housing and airline context, an individual with a disability will likely need to acquire a special lecer from a licensed mental health professional documen$ng the individual s need for an emo$onal support animal. hmp:// encyclopedia/psychiatric- service- dogs- emo,onal- support- animals- access- public- places- other- sebngs.ht

38 Special Note Both service and emo$onal support animals may be excluded from the workplace if they pose either an undue hardship or a direct threat in the workplace. hmps://adata.org/publica,on/service- animals- booklet

39 Case Studies A veteran with PTSD considers living in a van in New Hampshire with his wife, two small children, and two large dogs. He can t find housing that will accept the dogs he can t live without. A peer specialist fails to get a homeless woman with a psychiatric disability into a shelter because she won t be separated from her cat. A woman with bipolar disorder pays hundreds of dollars each year in illegal fees to keep the cat who helps her sleep. These people are real. Their needless suffering and expense occurred because few people understand our rights under the Fair Housing Act (FHA). hmp:// support- animals- and- your- housing- rights//

40 Case Studies Aphrodite Clamar- Cohen, who teaches psychology at John Jay College in ManhaMan and sees a psychotherapist, said her dog, a pit bull mix, helps fend off dark moods that began aler her husband died eight years ago. She learned about psychological support pets from the Delta Society, a nonprofit group that aims to bring people and animals together, and got her dog, Alexander, last year. When I travel I tell hotels up front that 'Alexander Dog Cohen' is coming and he is my emo,onal- needs dog, she said. She acknowledged that the dog is not trained as a service animal. He is necessary for my mental health, she said. I would find myself at loose ends without him. hmp://

41 Case Studies Elicia Brand, 36, said the role her Bernese mountain dog played in her life changed dras,cally aler Ms. Brand suffered severe traumas being trapped on a subway during the 9/11 amack and being raped the next year. I am a strong person and it almost did me in, she said of the rape. My dog was my crutch. If I didn't have him I wouldn't be here now. Aler Sept. 11, Ms. Brand enrolled her dog in disaster relief training and put him through 10 weeks of training so he could be a therapy animal to others as well as herself. The dog now accompanies her everywhere, even to work. She also sees a therapist and takes medica,on. hmp://

42 Case Studies A Wisconsin woman was kicked out of McDonald s aler another customer complained about her therapy pet a kangaroo. Diana Moyer brought the baby kangaroo about 11:40 a.m. Friday into the McDonald s in Beaver Dam, reported The Daily Cardinal. Another customer called police to report the animal, saying it was not appropriate or safe for the kangaroo to be in the fast food restaurant. Moyer claimed the kangaroo was a service animal and showed police a note from her doctor to back her asser,on. But officers told her that other customers felt unsafe with the animal there and asked her to leave. hmp:// woman- kicked- out- of- mcdonalds- over- kangaroo- service- animal/

43 Case Studies Moyer s husband admimed Tuesday to WISN- TV that the kangaroo was not a service animal but was a therapy pet for his wife as she bamles cancer. Therapy pets aren t protected under disability laws, which allows dogs or miniature horses that are specifically trained to help disabled people. Moyer and her husband keep five kangaroos at their home outside of Beaver Dam, where they moved following complaints about their exo,c pets. He said they olen took Jimmy, the youngest kangaroo, out in public. No cita,ons were issued in the incident. hmp:// woman- kicked- out- of- mcdonalds- over- kangaroo- service- animal/

44 Examples of Policy Documents

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48 Important! hmp://

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51 hmp://

52 University of New Orleans Student Housing Emo$onal Support Animal Guidelines hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf

53 hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf

54 hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf

55 hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf

56 hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf

57 hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf

58 hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf

59 hmp://

60 hmp://disability.utah.edu/documents/documenta,on/emo,onal- Support- Animal.pdf

61 hmp://disability.utah.edu/documents/documenta,on/emo,onal- Support- Animal.pdf

62 References ADA Na,onal Network: Service Animals and Emo:onal Support Animals hmps://adata.org/publica,on/service- animals- booklet American Bar Associa,on: Service Dogs and the Rights of the Disabled hmp:// he_disabled.html Anything Pawsable: What are the Minimum Training Standards for a Service Dog? hmp:// are- the- minimum- training- standards- for- a- service- dog/ #.VPXYzi6VnO0 Anything Pawsable: Things Service Dogs in Public Should and Should Not Do hmp:// service- dogs- public/#.vpxavi6vno0 Bazelon Center for Mental Health Law: Right to Emo,onal Support Animals in "No Pet" Housing hmp:// Cornell University Student Disability Services: Service Animals on Campus hmp://sds.cornell.edu/forms/service_animals_on_campus.pdf Disability Rights North Carolina: Animals & the Fair Housing Act hmp:// Animals%20in%20Housing.pdf ForRent.com: Fair Housing Blog hmp://fairhousing.forrent.com/disability- accomoda,ons/dear- fair- housing- lady- pet- fees- for- service- animals

63 References Healio Psychiatric Animals: The Role of Service Dog Training in the Treatment of Combat- Related PTSD hmp:// 43-6/%7B b7d- 4bc5-84f0- f9 1c720e42%7D/the- role- of- service- dog- training- in- the- treatment- of- combat- related- ptsd HealthyPlace.com: Emo,onal Support Animals and Your Housing Rights hmp:// support- animals- and- your- housing- rights/ Hope College Guidelines for Emo,onal Support Animals hmp:// 20Support%20Animals_RevA.pdf Na,onal Restaurant Associa,on: What you need to know about service animals hmp:// My- Restaurant/Workforce- Management/Training/What- you- need- to- know- about- service- animals New HUD Rules Make It Easier to Have Emo,onal Support Animals hmp:// New York Times: Wagging the Dog, and a Finger hmp:// New York University: Service and Assistance Animal Guidelines hmp:// guidelines- compliance/policies- and- guidelines/service- animal- guidelines.html NOLO: Psychiatric Service Dogs & Emo,onal Support Animals: Access to Public Places & Other Sebngs hmp:// encyclopedia/psychiatric- service- dogs- emo,onal- support- animals- access- public- places- other- sebngs.ht

64 References NSAR - Na,onal Service Animal Registry hmp:// law.html Rawstory: Wisconsin woman kicked out of McDonald s over kangaroo service animal hmp:// woman- kicked- out- of- mcdonalds- over- kangaroo- service- animal/ Reece Manley: Emo,onal Support Animals Are ADA Protected hmps://suite.io/reece- manley/1ktc26z Service Dog Central: Emo,onal Support Animals hmp://servicedogcentral.org/content/node/256 SHRM: ADA Reasonable Accommoda,on Policy: Service Animals hmp:// The Bark: New ADA Regula,ons Narrow Service Animal Defini,on hmp://thebark.com/content/new- ada- regula,ons- narrow- service- animal- defini,on The Catholic University of America: Accommoda,ng Service and Assistance Animals on Campus hmp://counsel.cua.edu/fedlaw/nacuanoteserviceanimals.cfm The University of Chicago Student Disability Services: Service Animal Policy hmps://disabili,es.uchicago.edu/service- animal- policy UC Berkeley: Animals as Accommoda,ons hmp://access- guide.berkeley.edu/animals- accommoda,ons

65 References University of New Orleans Student Housing Emo,onal Support Animal Guidelines hmp:// services/documents/uno- Student- Housing- Emo,onal- Support- Animal- Guidelines.pdf University of Utah Emo,onal Support Animal - Documenta,on Guidelines hmp://disability.utah.edu/documents/documenta,on/emo,onal- Support- Animal.pdf University of Washington: Here to Stay: A Case Study on Service Animals in Residence Halls hmp:// stay- case- study- service- animals- residence- halls

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67 5 Takeaways from Today: Both ADA and FHA mandate that qualified individuals may use emo,onal support animals as a legi,mate accommoda,on within defined parameters. There are clear dis,nc,ons between service and emo,onal support animals and it is impera,ve that everyone associated with these animals be clear on the rights and responsibili,es that accompany each. All staff who work with individuals qualified to use emo,onal support animals should be prepared to deal with any adverse situa,ons that may arise related to this accommoda,on. It is essen,al that everyone who provides services to individuals qualified to use emo,onal support animals (especially residence hall staff) be thoroughly trained in how to respond appropriately to any situa,on that might arise related to this par,cularly type of accommoda,on. As is the case with everything associated with full compliance with applicable FHA and ADA laws, appropriate documenta,on should be considered a top priority.

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