Service animals

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Hobble Inn

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I can't seem to find a definitive answer anywhere regarding accepting guests with a Service Animal in the two types of rentals I do here. I am a pet free/smoke free B&B, and I also "Rent the Inn". I've read the ADA rules, and understand the two questions I can ask when potential guests/renters disclose they have a service animal. I also understand that, as a B&B, I can decline, if I determine that the animal could do irreparable harm. I have severe allergies, bordering on asthma, so the harm would be to ME, since this is my home.
Has anyone had experience with this issue? Thanks in advance for any insight.
 
What I would suggest, if the issue ever comes up, is you discuss it with the guest. Explain the problem with your allergies and that you are the only person taking care of the inn and the guests. Have a list of nearby accommodations you can recommend.
What I would do now is put on your website that due to severe allergies and asthmatic triggers no domestic animals are allowed on the property anywhere. Don't say 'pets'.
Let the guests self select out of staying with you or in your rentals.
Check your local regulations as they may be more stringent than the federal regulations. You *may* be able to decline service animals from a federal standpoint. Your state or locale may say otherwise.
 
My thoughts on the subject is that this strictly a guest management issue that can be handled while managing both your local and national compliance.
"We do not accept animals of any kind. We are a small property and our common areas are not substantial enough to provide safe and private space for animals that does not intrude upon the expectations of other guests."
I would keep it strictly business as it relates to your guests. We rarely disclose our personal needs to guests, although they play a large role in our policies.
 
I recently attended a seminar where we discussed this issue in length. Besides being knowledgeable about those folks who try to pass a "therapy" animal as a Service animal, and the two questions you are allowed to ask, we also learned it states in the ADA documentation that if you have 5 or less guests rooms in one building, you can actually decline them. I suppose you never know if someone may try to file a complaint. But if it because a point of contention I would show them the verbiage if you fall in this category or possibly state it on your website? ("We sincerely apologize but since we only offer 3 guests rooms, we cannot accept ADA service dogs" or just leave it to chance..?)
Other options to discourage folks:
Offer a list of local accommodations that welcome pets on your website and add their links or phone #'s. ("While we cannot accommodate pets at ...B&B, please try these other local, Pet-Friendly hotels that will welcome your pet")
List a cleaning fee for any damages incurred. (However true service dogs prob would not be any trouble)
Hope some of this helps!
 
I have heard the 5 rooms or less rule many times but it mostly refers to ADA building requirements and not service animal requirements. I have made several attempts to contact ADA with no luck getting a real human to assist.

One thing I have heard is that your state may be able to provide assistance. Since each state can add more strict laws. this may be the place we should all go to get definitive answers anyway!

One thing I have gotten information about is that just like other issues, the ADA will accept all complaints and will look into each one. The NAx2 CP will also take a deep hold to fight each battle. There are a lot of small businesses that are put up to fight the battle all the time, many who can not afford the attorney fees to battle this.
 
I have heard the 5 rooms or less rule many times but it mostly refers to ADA building requirements and not service animal requirements. I have made several attempts to contact ADA with no luck getting a real human to assist.

One thing I have heard is that your state may be able to provide assistance. Since each state can add more strict laws. this may be the place we should all go to get definitive answers anyway!

One thing I have gotten information about is that just like other issues, the ADA will accept all complaints and will look into each one. The NAx2 CP will also take a deep hold to fight each battle. There are a lot of small businesses that are put up to fight the battle all the time, many who can not afford the attorney fees to battle this..
Aloha Copperhead
After reading ND's comment and yours, I wonder if we are just out of touch with the issue. It sure sounds like a much bigger problem than we have experienced over the past 11 years, no doubt because of our location and our limited exposure to a local market. I see animals in store all the time now. Although I am a firm believer in pro-active guest management, perhaps we have yet to see even the tip of this iceberg.
Just goes to show you...
 
I was always under the assumption you could not turn away anyone with a true service dog. But then again since in my case we only had 3 guest rooms in our private home that we had the option. Hope someone can find the real answer
 
We are similar, tiny motel, but mom & pop business with no employees asthma and breathing issues, breathing machine, oxygen and too many medications, but it would seem that the innkeeper's needs don't count.
Laws for service animals predated ADA, as Copperhead says I think the limitation of 5 rooms or less refers to structural changes, nothing I've found on service animals mentions the size of the business, I don't think you can deline service animals and I would be reluctant to advertise that I did lest that help create a problem. To further complicate matters I think that I some cases therapy animals are covered.
Laws always seem to be vague, without a clear answer, it's in the book, but the final answer seems to depend on power and money. It would be so much simpler if a true service animal had an official ID, I understand that person's need, it is the game playing with pets that I see as the real problem.
 
As stated, ait is the "U'm SPECIAL" crown who cause the problems.
A TRUE Service animal will be less problems than moat guests. They will not be the shedding variety and they will be almost glued to the person they are service for. I may be only 3 rooms but I guarantee you I will not turn away a service animal - I ain't gonna risk it.
I understand the health issues for you and for those with family with health issues. I am disgusted that YOU, the innkeeper (and family) HAVE no rights in this issue because we are a business that is open to the Public. Unfortunately, the Fifi owners of the world have no shame and know how to stir up propaganda and emotions AND get the taxpayer paid legal system paying their legal fees while the business goes bankrupt defending itself. A win in court does not help when your business is already closed.
 
We have three guestrooms in our home (one building) and we are owner occupied. While we know our rights and that we are exempt, we do not advertise or make it a big deal of it. Upon requests or inquiries, we simply offer resources for other options and solutions to accommodate those with service animals. Being helpful, apologetic, and offering other options is more positive and keeps people from being defensive than saying "No we don't allow them in our B&B".
Maybe you will find these links helpful:
http://www.thebandblady.com/the-ada-and-your-bb-communication-barriers.html
"For ADA compliance, B&B innkeepers with 1-25 guestrooms need to: (my comments in italics)
  • make all newly constructed buildings and facilities readily accessible (I am not building anything new)
  • make all altered portions of existing buildings and facilities readily accessible (I am not altering any portion of my home)
  • remove all barriers to accessibility in existing buildings and facilities when it is "readily achievable" to do so. (It is not readily achievable to remove barriers [stair steps, kitchen islands, etc...] in any portion of my home)
Exemptions for B&Bs are that if your inn has fewer than six guestrooms (five and fewer) in one building (more than five rooms or rooms spread out over more than one building means you aren't exempt), and you are owner occupied, you don't have to comply with the ADA. And if you realize you are exempt, consider complying any way and cater to all people of various physical and mental abilities."
Some additional info:
http://www.guidedogboard.ca.gov/forms_pubs/servanimal_transcript.shtml
Q: Are there any exemptions for providing accommodations for a service animal?
Liz Savage: Religious entities are exempt and not covered by the ADA. If a Bed and breakfast has 5 or fewer guest rooms and the proprietor lives on the premise then it is exempt as well. Private clubs are also exempt. If a private club is open to the public for a specific event, it would be covered for the duration of that event.
 
We have three guestrooms in our home (one building) and we are owner occupied. While we know our rights and that we are exempt, we do not advertise or make it a big deal of it. Upon requests or inquiries, we simply offer resources for other options and solutions to accommodate those with service animals. Being helpful, apologetic, and offering other options is more positive and keeps people from being defensive than saying "No we don't allow them in our B&B".
Maybe you will find these links helpful:
http://www.thebandblady.com/the-ada-and-your-bb-communication-barriers.html
"For ADA compliance, B&B innkeepers with 1-25 guestrooms need to: (my comments in italics)
  • make all newly constructed buildings and facilities readily accessible (I am not building anything new)
  • make all altered portions of existing buildings and facilities readily accessible (I am not altering any portion of my home)
  • remove all barriers to accessibility in existing buildings and facilities when it is "readily achievable" to do so. (It is not readily achievable to remove barriers [stair steps, kitchen islands, etc...] in any portion of my home)
Exemptions for B&Bs are that if your inn has fewer than six guestrooms (five and fewer) in one building (more than five rooms or rooms spread out over more than one building means you aren't exempt), and you are owner occupied, you don't have to comply with the ADA. And if you realize you are exempt, consider complying any way and cater to all people of various physical and mental abilities."
Some additional info:
http://www.guidedogboard.ca.gov/forms_pubs/servanimal_transcript.shtml
Q: Are there any exemptions for providing accommodations for a service animal?
Liz Savage: Religious entities are exempt and not covered by the ADA. If a Bed and breakfast has 5 or fewer guest rooms and the proprietor lives on the premise then it is exempt as well. Private clubs are also exempt. If a private club is open to the public for a specific event, it would be covered for the duration of that event..
You will note the date on this...2005 and who is she that she is the ultimate expert.
 
We have three guestrooms in our home (one building) and we are owner occupied. While we know our rights and that we are exempt, we do not advertise or make it a big deal of it. Upon requests or inquiries, we simply offer resources for other options and solutions to accommodate those with service animals. Being helpful, apologetic, and offering other options is more positive and keeps people from being defensive than saying "No we don't allow them in our B&B".
Maybe you will find these links helpful:
http://www.thebandblady.com/the-ada-and-your-bb-communication-barriers.html
"For ADA compliance, B&B innkeepers with 1-25 guestrooms need to: (my comments in italics)
  • make all newly constructed buildings and facilities readily accessible (I am not building anything new)
  • make all altered portions of existing buildings and facilities readily accessible (I am not altering any portion of my home)
  • remove all barriers to accessibility in existing buildings and facilities when it is "readily achievable" to do so. (It is not readily achievable to remove barriers [stair steps, kitchen islands, etc...] in any portion of my home)
Exemptions for B&Bs are that if your inn has fewer than six guestrooms (five and fewer) in one building (more than five rooms or rooms spread out over more than one building means you aren't exempt), and you are owner occupied, you don't have to comply with the ADA. And if you realize you are exempt, consider complying any way and cater to all people of various physical and mental abilities."
Some additional info:
http://www.guidedogboard.ca.gov/forms_pubs/servanimal_transcript.shtml
Q: Are there any exemptions for providing accommodations for a service animal?
Liz Savage: Religious entities are exempt and not covered by the ADA. If a Bed and breakfast has 5 or fewer guest rooms and the proprietor lives on the premise then it is exempt as well. Private clubs are also exempt. If a private club is open to the public for a specific event, it would be covered for the duration of that event..
It's great to get a reminder on compliance requirements. Thanks
Sounds like we'll continue on our current path. We're exempt. We don't mention anything about service animals on our website. We'll continue to handle it on an as needed basis.
 
This is a long document, but scroll down to the end of Chapter 1:
Additional Info:
https://www.federalregister.gov/documents/2004/07/23/04-16025/americans-with-disabilities-act-ada-accessibility-guidelines-for-buildings-and-facilities#h-27
"In the final rule, the definitions for “dwelling unit” and “transient lodging” have been clarified and made mutually exclusive. The guidelines now use the term “residential dwelling unit,” which is defined as “a unit intended to be used as a residence, that is primarily long-term in nature.” This definition specifically excludes transient lodging, as well as medical care and long-term care facilities and detention and correctional facilities. “Transient lodging” has been revised as applying to any facility “containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature.” The term excludes residential dwelling units, among other facility types. In addition, language exempting bed-and-breakfast type facilities with no more than five rooms has been relocated to this definition from the scoping provision for transient lodging in section 224."
Pg. 25 - (224.5).
The definition of ‘‘transient lodging’’ in section 106.5 has been revised to exclude, in part, ‘‘private buildings or facilities that contain not more than five rooms for rent or hire and that are actually occupied by the proprietor as the residence of such proprietor.’’
I believe "she", the "bandblady", was just repeating what has been written, not making up her own verbiage.
 
This Q&A is excerpted from the U.S. Department of Justice (July 2015). You can find it and other documents on their site. Should help clear up some questions. The boldface emphasis is mine.
I have a dog-friendly B&B and have several guests each year who bring "service dogs," both legitimate and probably not legitimate to my place. Did a presentation at the Vermont Inns & Bed and Breakfast Association meeting last fall on the subject.
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
DEFINITION OF SERVICE ANIMAL
Q: What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do
work or perform tasks for an individual with a disability
. The task(s) performed by the dog must be
directly related to the person’s disability.

Q: What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability.
For example, a person with diabetes may have a dog that is trained to alert him when his
blood sugar reaches high or low levels. A person with depression may have a dog that is trained
to remind her to take her medication. Or, a person who has epilepsy may have a dog that is
trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q: Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a
person. Because they have not been trained to perform a specific job or task, they do not
qualify as service animals under the ADA
. However, some State or local governments have
laws that allow people to take emotional support animals into public places. You may check
with your State and local government agencies to find out about these laws.
Q: If someone’s dog calms them when having an anxiety attack, does this qualify it as a
service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional
support animals. If the dog has been trained to sense that an anxiety attack is about
to happen and take a specific action to help avoid the attack or lessen its impact, that would
qualify as a service animal. However, if the dog’s mere presence provides comfort, that
would not be considered a service animal under the ADA.
Q: Does the ADA require service animals to be professionally trained?
A: No. People with disabilities have the right to train the dog themselves and are not required
to use a professional service dog training program.
Q: Are service-animals-in-training considered service animals under the ADA?
A: No. Under the ADA, the dog must already be trained before it can be taken into public
places. However, some State or local laws cover animals that are still in training.
GENERAL RULES
Q: What questions can a covered entity’s employees ask to determine if a dog is a service
animal?
A: In situations where it is not obvious that the dog is a service animal, staff may ask only
two specific questions: (1) is the dog a service animal required because of a disability? and
(2) what work or task has the dog been trained to perform?
Staff are not allowed to request
any documentation for the dog, require that the dog demonstrate its task, or inquire about
the nature of the person’s disability.

Q: Do service animals have to wear a vest or patch or special harness identifying them as
service animals?
A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Q: Who is responsible for the care and supervision of a service animal?
A: The handler is responsible for caring for and supervising the service animal, which includes
toileting, feeding, and grooming and veterinary care. Covered entities are not obligated
to supervise or otherwise care for a service animal.
Q: Can a person bring a service animal with them as they go through a salad bar or other
self-service food lines?
A: Yes. Service animals must be allowed to accompany their handlers to and through selfservice
food lines. Similarly, service animals may not be prohibited from communal food
preparation areas, such as are commonly found in shelters or dormitories.
Q: Can hotels assign designated rooms for guests with service animals, out of consider
ation for other guests?
A: No. A guest with a disability who uses a service animal must be provided the same
opportunity to reserve any available room at the hotel as other guests without disabilities.
They may not be restricted to “pet-friendly” rooms.

Q: Can hotels charge a cleaning fee for guests who have service animals?
A: No
. Hotels are not permitted to charge guests for cleaning the hair or dander shed by
a service animal. However, if a guest’s service animal causes damages to a guest room, a
hotel is permitted to charge the same fee for damages as charged to other guests.
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. Some people with disabilities may use more than one service animal
to perform different tasks. For example, a person who has a visual disability and a seizure
disorder may use one service animal to assist with way-finding and another that is trained
as a seizure alert dog. Other people may need two service animals for the same task, such
as a person who needs two dogs to assist him or her with stability when walking. Staff may
ask the two permissible questions about each of the dogs. If both dogs
can be accommodated, both should be allowed in. In some circumstances, however, it may
not be possible to accommodate more than one service animal. For example, in a crowded
small restaurant, only one dog may be able to fit under the table. The only other place for
the second dog would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

BREEDS
Q: Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

EXCLUSION OF SERVICE ANIMALS
Q: When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities provided
to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.


Q; What does under control mean? Do service animals have to be on a leash? Do they
have to be quiet and not bark?
A: The ADA requires that service animals be under the control of the handler at all times.
In most instances, the handler will be the individual with a disability or a third party who
accompanies the individual with a disability. In the school (K-12) context and in similar
settings, the school or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be harnessed,
leashed, or tethered while in public places unless these devices interfere with the service
animal’s work or the person’s disability prevents use of these devices. In that case, the
person must use voice, signal, or other effective means to maintain control of the animal.
For example, a person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to wander away from
her and must maintain control of the dog, even if it is retrieving an item at a distance from
her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces
may have a dog that is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to do its job, but may
be leashed at other times. Under control also means that a service animal should not be
allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if
a dog barks just once, or barks because someone has provoked it, this would not mean that
the dog is out of control.
Q: What can my staff do when a service animal is being disruptive?
A: If a service animal is out of control and the handler does not take effective action to
control it, staff may request that the animal be removed from the premises.
Q; Are hotel guests allowed to leave their service animals in their hotel room when they
leave the hotel?
A: No, the dog must be under the handler’s control at all times.

Q:Are restaurants, bars, and other places that serve food or drink required to allow service
animals to be seated on chairs or allow the animal to be fed at the table?
A: No. Seating, food, and drink are provided for customer use only. The ADA gives a person
with a disability the right to be accompanied by his or her service animal, but covered
entities are not required to allow an animal to sit or be fed at the table.
Q; Are gyms, fitness centers, hotels, or municipalities that have swimming pools required
to allow a service animal in the pool with its handler?
A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.
However, service animals must be allowed on the pool deck and in other areas where the
public is allowed to go.
 
This Q&A is excerpted from the U.S. Department of Justice (July 2015). You can find it and other documents on their site. Should help clear up some questions. The boldface emphasis is mine.
I have a dog-friendly B&B and have several guests each year who bring "service dogs," both legitimate and probably not legitimate to my place. Did a presentation at the Vermont Inns & Bed and Breakfast Association meeting last fall on the subject.
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
DEFINITION OF SERVICE ANIMAL
Q: What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do
work or perform tasks for an individual with a disability
. The task(s) performed by the dog must be
directly related to the person’s disability.

Q: What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability.
For example, a person with diabetes may have a dog that is trained to alert him when his
blood sugar reaches high or low levels. A person with depression may have a dog that is trained
to remind her to take her medication. Or, a person who has epilepsy may have a dog that is
trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q: Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a
person. Because they have not been trained to perform a specific job or task, they do not
qualify as service animals under the ADA
. However, some State or local governments have
laws that allow people to take emotional support animals into public places. You may check
with your State and local government agencies to find out about these laws.
Q: If someone’s dog calms them when having an anxiety attack, does this qualify it as a
service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional
support animals. If the dog has been trained to sense that an anxiety attack is about
to happen and take a specific action to help avoid the attack or lessen its impact, that would
qualify as a service animal. However, if the dog’s mere presence provides comfort, that
would not be considered a service animal under the ADA.
Q: Does the ADA require service animals to be professionally trained?
A: No. People with disabilities have the right to train the dog themselves and are not required
to use a professional service dog training program.
Q: Are service-animals-in-training considered service animals under the ADA?
A: No. Under the ADA, the dog must already be trained before it can be taken into public
places. However, some State or local laws cover animals that are still in training.
GENERAL RULES
Q: What questions can a covered entity’s employees ask to determine if a dog is a service
animal?
A: In situations where it is not obvious that the dog is a service animal, staff may ask only
two specific questions: (1) is the dog a service animal required because of a disability? and
(2) what work or task has the dog been trained to perform?
Staff are not allowed to request
any documentation for the dog, require that the dog demonstrate its task, or inquire about
the nature of the person’s disability.

Q: Do service animals have to wear a vest or patch or special harness identifying them as
service animals?
A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Q: Who is responsible for the care and supervision of a service animal?
A: The handler is responsible for caring for and supervising the service animal, which includes
toileting, feeding, and grooming and veterinary care. Covered entities are not obligated
to supervise or otherwise care for a service animal.
Q: Can a person bring a service animal with them as they go through a salad bar or other
self-service food lines?
A: Yes. Service animals must be allowed to accompany their handlers to and through selfservice
food lines. Similarly, service animals may not be prohibited from communal food
preparation areas, such as are commonly found in shelters or dormitories.
Q: Can hotels assign designated rooms for guests with service animals, out of consider
ation for other guests?
A: No. A guest with a disability who uses a service animal must be provided the same
opportunity to reserve any available room at the hotel as other guests without disabilities.
They may not be restricted to “pet-friendly” rooms.

Q: Can hotels charge a cleaning fee for guests who have service animals?
A: No
. Hotels are not permitted to charge guests for cleaning the hair or dander shed by
a service animal. However, if a guest’s service animal causes damages to a guest room, a
hotel is permitted to charge the same fee for damages as charged to other guests.
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. Some people with disabilities may use more than one service animal
to perform different tasks. For example, a person who has a visual disability and a seizure
disorder may use one service animal to assist with way-finding and another that is trained
as a seizure alert dog. Other people may need two service animals for the same task, such
as a person who needs two dogs to assist him or her with stability when walking. Staff may
ask the two permissible questions about each of the dogs. If both dogs
can be accommodated, both should be allowed in. In some circumstances, however, it may
not be possible to accommodate more than one service animal. For example, in a crowded
small restaurant, only one dog may be able to fit under the table. The only other place for
the second dog would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

BREEDS
Q: Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

EXCLUSION OF SERVICE ANIMALS
Q: When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities provided
to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.


Q; What does under control mean? Do service animals have to be on a leash? Do they
have to be quiet and not bark?
A: The ADA requires that service animals be under the control of the handler at all times.
In most instances, the handler will be the individual with a disability or a third party who
accompanies the individual with a disability. In the school (K-12) context and in similar
settings, the school or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be harnessed,
leashed, or tethered while in public places unless these devices interfere with the service
animal’s work or the person’s disability prevents use of these devices. In that case, the
person must use voice, signal, or other effective means to maintain control of the animal.
For example, a person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to wander away from
her and must maintain control of the dog, even if it is retrieving an item at a distance from
her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces
may have a dog that is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to do its job, but may
be leashed at other times. Under control also means that a service animal should not be
allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if
a dog barks just once, or barks because someone has provoked it, this would not mean that
the dog is out of control.
Q: What can my staff do when a service animal is being disruptive?
A: If a service animal is out of control and the handler does not take effective action to
control it, staff may request that the animal be removed from the premises.
Q; Are hotel guests allowed to leave their service animals in their hotel room when they
leave the hotel?
A: No, the dog must be under the handler’s control at all times.

Q:Are restaurants, bars, and other places that serve food or drink required to allow service
animals to be seated on chairs or allow the animal to be fed at the table?
A: No. Seating, food, and drink are provided for customer use only. The ADA gives a person
with a disability the right to be accompanied by his or her service animal, but covered
entities are not required to allow an animal to sit or be fed at the table.
Q; Are gyms, fitness centers, hotels, or municipalities that have swimming pools required
to allow a service animal in the pool with its handler?
A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.
However, service animals must be allowed on the pool deck and in other areas where the
public is allowed to go..
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
 
This Q&A is excerpted from the U.S. Department of Justice (July 2015). You can find it and other documents on their site. Should help clear up some questions. The boldface emphasis is mine.
I have a dog-friendly B&B and have several guests each year who bring "service dogs," both legitimate and probably not legitimate to my place. Did a presentation at the Vermont Inns & Bed and Breakfast Association meeting last fall on the subject.
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
DEFINITION OF SERVICE ANIMAL
Q: What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do
work or perform tasks for an individual with a disability
. The task(s) performed by the dog must be
directly related to the person’s disability.

Q: What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability.
For example, a person with diabetes may have a dog that is trained to alert him when his
blood sugar reaches high or low levels. A person with depression may have a dog that is trained
to remind her to take her medication. Or, a person who has epilepsy may have a dog that is
trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q: Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a
person. Because they have not been trained to perform a specific job or task, they do not
qualify as service animals under the ADA
. However, some State or local governments have
laws that allow people to take emotional support animals into public places. You may check
with your State and local government agencies to find out about these laws.
Q: If someone’s dog calms them when having an anxiety attack, does this qualify it as a
service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional
support animals. If the dog has been trained to sense that an anxiety attack is about
to happen and take a specific action to help avoid the attack or lessen its impact, that would
qualify as a service animal. However, if the dog’s mere presence provides comfort, that
would not be considered a service animal under the ADA.
Q: Does the ADA require service animals to be professionally trained?
A: No. People with disabilities have the right to train the dog themselves and are not required
to use a professional service dog training program.
Q: Are service-animals-in-training considered service animals under the ADA?
A: No. Under the ADA, the dog must already be trained before it can be taken into public
places. However, some State or local laws cover animals that are still in training.
GENERAL RULES
Q: What questions can a covered entity’s employees ask to determine if a dog is a service
animal?
A: In situations where it is not obvious that the dog is a service animal, staff may ask only
two specific questions: (1) is the dog a service animal required because of a disability? and
(2) what work or task has the dog been trained to perform?
Staff are not allowed to request
any documentation for the dog, require that the dog demonstrate its task, or inquire about
the nature of the person’s disability.

Q: Do service animals have to wear a vest or patch or special harness identifying them as
service animals?
A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Q: Who is responsible for the care and supervision of a service animal?
A: The handler is responsible for caring for and supervising the service animal, which includes
toileting, feeding, and grooming and veterinary care. Covered entities are not obligated
to supervise or otherwise care for a service animal.
Q: Can a person bring a service animal with them as they go through a salad bar or other
self-service food lines?
A: Yes. Service animals must be allowed to accompany their handlers to and through selfservice
food lines. Similarly, service animals may not be prohibited from communal food
preparation areas, such as are commonly found in shelters or dormitories.
Q: Can hotels assign designated rooms for guests with service animals, out of consider
ation for other guests?
A: No. A guest with a disability who uses a service animal must be provided the same
opportunity to reserve any available room at the hotel as other guests without disabilities.
They may not be restricted to “pet-friendly” rooms.

Q: Can hotels charge a cleaning fee for guests who have service animals?
A: No
. Hotels are not permitted to charge guests for cleaning the hair or dander shed by
a service animal. However, if a guest’s service animal causes damages to a guest room, a
hotel is permitted to charge the same fee for damages as charged to other guests.
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. Some people with disabilities may use more than one service animal
to perform different tasks. For example, a person who has a visual disability and a seizure
disorder may use one service animal to assist with way-finding and another that is trained
as a seizure alert dog. Other people may need two service animals for the same task, such
as a person who needs two dogs to assist him or her with stability when walking. Staff may
ask the two permissible questions about each of the dogs. If both dogs
can be accommodated, both should be allowed in. In some circumstances, however, it may
not be possible to accommodate more than one service animal. For example, in a crowded
small restaurant, only one dog may be able to fit under the table. The only other place for
the second dog would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

BREEDS
Q: Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

EXCLUSION OF SERVICE ANIMALS
Q: When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities provided
to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.


Q; What does under control mean? Do service animals have to be on a leash? Do they
have to be quiet and not bark?
A: The ADA requires that service animals be under the control of the handler at all times.
In most instances, the handler will be the individual with a disability or a third party who
accompanies the individual with a disability. In the school (K-12) context and in similar
settings, the school or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be harnessed,
leashed, or tethered while in public places unless these devices interfere with the service
animal’s work or the person’s disability prevents use of these devices. In that case, the
person must use voice, signal, or other effective means to maintain control of the animal.
For example, a person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to wander away from
her and must maintain control of the dog, even if it is retrieving an item at a distance from
her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces
may have a dog that is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to do its job, but may
be leashed at other times. Under control also means that a service animal should not be
allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if
a dog barks just once, or barks because someone has provoked it, this would not mean that
the dog is out of control.
Q: What can my staff do when a service animal is being disruptive?
A: If a service animal is out of control and the handler does not take effective action to
control it, staff may request that the animal be removed from the premises.
Q; Are hotel guests allowed to leave their service animals in their hotel room when they
leave the hotel?
A: No, the dog must be under the handler’s control at all times.

Q:Are restaurants, bars, and other places that serve food or drink required to allow service
animals to be seated on chairs or allow the animal to be fed at the table?
A: No. Seating, food, and drink are provided for customer use only. The ADA gives a person
with a disability the right to be accompanied by his or her service animal, but covered
entities are not required to allow an animal to sit or be fed at the table.
Q; Are gyms, fitness centers, hotels, or municipalities that have swimming pools required
to allow a service animal in the pool with its handler?
A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.
However, service animals must be allowed on the pool deck and in other areas where the
public is allowed to go..
Again, just really appreciated a chance to read a factual Q&A on something I would not likely find or try to find on my own. Thanks
 
This Q&A is excerpted from the U.S. Department of Justice (July 2015). You can find it and other documents on their site. Should help clear up some questions. The boldface emphasis is mine.
I have a dog-friendly B&B and have several guests each year who bring "service dogs," both legitimate and probably not legitimate to my place. Did a presentation at the Vermont Inns & Bed and Breakfast Association meeting last fall on the subject.
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
DEFINITION OF SERVICE ANIMAL
Q: What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do
work or perform tasks for an individual with a disability
. The task(s) performed by the dog must be
directly related to the person’s disability.

Q: What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability.
For example, a person with diabetes may have a dog that is trained to alert him when his
blood sugar reaches high or low levels. A person with depression may have a dog that is trained
to remind her to take her medication. Or, a person who has epilepsy may have a dog that is
trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q: Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a
person. Because they have not been trained to perform a specific job or task, they do not
qualify as service animals under the ADA
. However, some State or local governments have
laws that allow people to take emotional support animals into public places. You may check
with your State and local government agencies to find out about these laws.
Q: If someone’s dog calms them when having an anxiety attack, does this qualify it as a
service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional
support animals. If the dog has been trained to sense that an anxiety attack is about
to happen and take a specific action to help avoid the attack or lessen its impact, that would
qualify as a service animal. However, if the dog’s mere presence provides comfort, that
would not be considered a service animal under the ADA.
Q: Does the ADA require service animals to be professionally trained?
A: No. People with disabilities have the right to train the dog themselves and are not required
to use a professional service dog training program.
Q: Are service-animals-in-training considered service animals under the ADA?
A: No. Under the ADA, the dog must already be trained before it can be taken into public
places. However, some State or local laws cover animals that are still in training.
GENERAL RULES
Q: What questions can a covered entity’s employees ask to determine if a dog is a service
animal?
A: In situations where it is not obvious that the dog is a service animal, staff may ask only
two specific questions: (1) is the dog a service animal required because of a disability? and
(2) what work or task has the dog been trained to perform?
Staff are not allowed to request
any documentation for the dog, require that the dog demonstrate its task, or inquire about
the nature of the person’s disability.

Q: Do service animals have to wear a vest or patch or special harness identifying them as
service animals?
A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Q: Who is responsible for the care and supervision of a service animal?
A: The handler is responsible for caring for and supervising the service animal, which includes
toileting, feeding, and grooming and veterinary care. Covered entities are not obligated
to supervise or otherwise care for a service animal.
Q: Can a person bring a service animal with them as they go through a salad bar or other
self-service food lines?
A: Yes. Service animals must be allowed to accompany their handlers to and through selfservice
food lines. Similarly, service animals may not be prohibited from communal food
preparation areas, such as are commonly found in shelters or dormitories.
Q: Can hotels assign designated rooms for guests with service animals, out of consider
ation for other guests?
A: No. A guest with a disability who uses a service animal must be provided the same
opportunity to reserve any available room at the hotel as other guests without disabilities.
They may not be restricted to “pet-friendly” rooms.

Q: Can hotels charge a cleaning fee for guests who have service animals?
A: No
. Hotels are not permitted to charge guests for cleaning the hair or dander shed by
a service animal. However, if a guest’s service animal causes damages to a guest room, a
hotel is permitted to charge the same fee for damages as charged to other guests.
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. Some people with disabilities may use more than one service animal
to perform different tasks. For example, a person who has a visual disability and a seizure
disorder may use one service animal to assist with way-finding and another that is trained
as a seizure alert dog. Other people may need two service animals for the same task, such
as a person who needs two dogs to assist him or her with stability when walking. Staff may
ask the two permissible questions about each of the dogs. If both dogs
can be accommodated, both should be allowed in. In some circumstances, however, it may
not be possible to accommodate more than one service animal. For example, in a crowded
small restaurant, only one dog may be able to fit under the table. The only other place for
the second dog would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

BREEDS
Q: Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

EXCLUSION OF SERVICE ANIMALS
Q: When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities provided
to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.


Q; What does under control mean? Do service animals have to be on a leash? Do they
have to be quiet and not bark?
A: The ADA requires that service animals be under the control of the handler at all times.
In most instances, the handler will be the individual with a disability or a third party who
accompanies the individual with a disability. In the school (K-12) context and in similar
settings, the school or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be harnessed,
leashed, or tethered while in public places unless these devices interfere with the service
animal’s work or the person’s disability prevents use of these devices. In that case, the
person must use voice, signal, or other effective means to maintain control of the animal.
For example, a person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to wander away from
her and must maintain control of the dog, even if it is retrieving an item at a distance from
her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces
may have a dog that is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to do its job, but may
be leashed at other times. Under control also means that a service animal should not be
allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if
a dog barks just once, or barks because someone has provoked it, this would not mean that
the dog is out of control.
Q: What can my staff do when a service animal is being disruptive?
A: If a service animal is out of control and the handler does not take effective action to
control it, staff may request that the animal be removed from the premises.
Q; Are hotel guests allowed to leave their service animals in their hotel room when they
leave the hotel?
A: No, the dog must be under the handler’s control at all times.

Q:Are restaurants, bars, and other places that serve food or drink required to allow service
animals to be seated on chairs or allow the animal to be fed at the table?
A: No. Seating, food, and drink are provided for customer use only. The ADA gives a person
with a disability the right to be accompanied by his or her service animal, but covered
entities are not required to allow an animal to sit or be fed at the table.
Q; Are gyms, fitness centers, hotels, or municipalities that have swimming pools required
to allow a service animal in the pool with its handler?
A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.
However, service animals must be allowed on the pool deck and in other areas where the
public is allowed to go..
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
.
Copperhead said:
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
That is correct. State's can always make stricter laws.
If you have a situation where the ADA conflicts with your state law, federal law always takes precedence.
 
This Q&A is excerpted from the U.S. Department of Justice (July 2015). You can find it and other documents on their site. Should help clear up some questions. The boldface emphasis is mine.
I have a dog-friendly B&B and have several guests each year who bring "service dogs," both legitimate and probably not legitimate to my place. Did a presentation at the Vermont Inns & Bed and Breakfast Association meeting last fall on the subject.
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
DEFINITION OF SERVICE ANIMAL
Q: What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do
work or perform tasks for an individual with a disability
. The task(s) performed by the dog must be
directly related to the person’s disability.

Q: What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability.
For example, a person with diabetes may have a dog that is trained to alert him when his
blood sugar reaches high or low levels. A person with depression may have a dog that is trained
to remind her to take her medication. Or, a person who has epilepsy may have a dog that is
trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q: Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a
person. Because they have not been trained to perform a specific job or task, they do not
qualify as service animals under the ADA
. However, some State or local governments have
laws that allow people to take emotional support animals into public places. You may check
with your State and local government agencies to find out about these laws.
Q: If someone’s dog calms them when having an anxiety attack, does this qualify it as a
service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional
support animals. If the dog has been trained to sense that an anxiety attack is about
to happen and take a specific action to help avoid the attack or lessen its impact, that would
qualify as a service animal. However, if the dog’s mere presence provides comfort, that
would not be considered a service animal under the ADA.
Q: Does the ADA require service animals to be professionally trained?
A: No. People with disabilities have the right to train the dog themselves and are not required
to use a professional service dog training program.
Q: Are service-animals-in-training considered service animals under the ADA?
A: No. Under the ADA, the dog must already be trained before it can be taken into public
places. However, some State or local laws cover animals that are still in training.
GENERAL RULES
Q: What questions can a covered entity’s employees ask to determine if a dog is a service
animal?
A: In situations where it is not obvious that the dog is a service animal, staff may ask only
two specific questions: (1) is the dog a service animal required because of a disability? and
(2) what work or task has the dog been trained to perform?
Staff are not allowed to request
any documentation for the dog, require that the dog demonstrate its task, or inquire about
the nature of the person’s disability.

Q: Do service animals have to wear a vest or patch or special harness identifying them as
service animals?
A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Q: Who is responsible for the care and supervision of a service animal?
A: The handler is responsible for caring for and supervising the service animal, which includes
toileting, feeding, and grooming and veterinary care. Covered entities are not obligated
to supervise or otherwise care for a service animal.
Q: Can a person bring a service animal with them as they go through a salad bar or other
self-service food lines?
A: Yes. Service animals must be allowed to accompany their handlers to and through selfservice
food lines. Similarly, service animals may not be prohibited from communal food
preparation areas, such as are commonly found in shelters or dormitories.
Q: Can hotels assign designated rooms for guests with service animals, out of consider
ation for other guests?
A: No. A guest with a disability who uses a service animal must be provided the same
opportunity to reserve any available room at the hotel as other guests without disabilities.
They may not be restricted to “pet-friendly” rooms.

Q: Can hotels charge a cleaning fee for guests who have service animals?
A: No
. Hotels are not permitted to charge guests for cleaning the hair or dander shed by
a service animal. However, if a guest’s service animal causes damages to a guest room, a
hotel is permitted to charge the same fee for damages as charged to other guests.
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. Some people with disabilities may use more than one service animal
to perform different tasks. For example, a person who has a visual disability and a seizure
disorder may use one service animal to assist with way-finding and another that is trained
as a seizure alert dog. Other people may need two service animals for the same task, such
as a person who needs two dogs to assist him or her with stability when walking. Staff may
ask the two permissible questions about each of the dogs. If both dogs
can be accommodated, both should be allowed in. In some circumstances, however, it may
not be possible to accommodate more than one service animal. For example, in a crowded
small restaurant, only one dog may be able to fit under the table. The only other place for
the second dog would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

BREEDS
Q: Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

EXCLUSION OF SERVICE ANIMALS
Q: When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities provided
to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.


Q; What does under control mean? Do service animals have to be on a leash? Do they
have to be quiet and not bark?
A: The ADA requires that service animals be under the control of the handler at all times.
In most instances, the handler will be the individual with a disability or a third party who
accompanies the individual with a disability. In the school (K-12) context and in similar
settings, the school or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be harnessed,
leashed, or tethered while in public places unless these devices interfere with the service
animal’s work or the person’s disability prevents use of these devices. In that case, the
person must use voice, signal, or other effective means to maintain control of the animal.
For example, a person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to wander away from
her and must maintain control of the dog, even if it is retrieving an item at a distance from
her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces
may have a dog that is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to do its job, but may
be leashed at other times. Under control also means that a service animal should not be
allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if
a dog barks just once, or barks because someone has provoked it, this would not mean that
the dog is out of control.
Q: What can my staff do when a service animal is being disruptive?
A: If a service animal is out of control and the handler does not take effective action to
control it, staff may request that the animal be removed from the premises.
Q; Are hotel guests allowed to leave their service animals in their hotel room when they
leave the hotel?
A: No, the dog must be under the handler’s control at all times.

Q:Are restaurants, bars, and other places that serve food or drink required to allow service
animals to be seated on chairs or allow the animal to be fed at the table?
A: No. Seating, food, and drink are provided for customer use only. The ADA gives a person
with a disability the right to be accompanied by his or her service animal, but covered
entities are not required to allow an animal to sit or be fed at the table.
Q; Are gyms, fitness centers, hotels, or municipalities that have swimming pools required
to allow a service animal in the pool with its handler?
A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.
However, service animals must be allowed on the pool deck and in other areas where the
public is allowed to go..
Phin - reading thru this I'm wondering if it would be considered a modification of policies or basic services if the innkeeper had to leave the premises if a service animal was present?
All guests would be deprived of the innkeeper's experience, food service, etc. If the innkeeper had to hire replacement help, would that constitute a modification of basic services?
I think this is what some are asking - if I have to vacate the premises, can I refuse the booking?
 
This Q&A is excerpted from the U.S. Department of Justice (July 2015). You can find it and other documents on their site. Should help clear up some questions. The boldface emphasis is mine.
I have a dog-friendly B&B and have several guests each year who bring "service dogs," both legitimate and probably not legitimate to my place. Did a presentation at the Vermont Inns & Bed and Breakfast Association meeting last fall on the subject.
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
DEFINITION OF SERVICE ANIMAL
Q: What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do
work or perform tasks for an individual with a disability
. The task(s) performed by the dog must be
directly related to the person’s disability.

Q: What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability.
For example, a person with diabetes may have a dog that is trained to alert him when his
blood sugar reaches high or low levels. A person with depression may have a dog that is trained
to remind her to take her medication. Or, a person who has epilepsy may have a dog that is
trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q: Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a
person. Because they have not been trained to perform a specific job or task, they do not
qualify as service animals under the ADA
. However, some State or local governments have
laws that allow people to take emotional support animals into public places. You may check
with your State and local government agencies to find out about these laws.
Q: If someone’s dog calms them when having an anxiety attack, does this qualify it as a
service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional
support animals. If the dog has been trained to sense that an anxiety attack is about
to happen and take a specific action to help avoid the attack or lessen its impact, that would
qualify as a service animal. However, if the dog’s mere presence provides comfort, that
would not be considered a service animal under the ADA.
Q: Does the ADA require service animals to be professionally trained?
A: No. People with disabilities have the right to train the dog themselves and are not required
to use a professional service dog training program.
Q: Are service-animals-in-training considered service animals under the ADA?
A: No. Under the ADA, the dog must already be trained before it can be taken into public
places. However, some State or local laws cover animals that are still in training.
GENERAL RULES
Q: What questions can a covered entity’s employees ask to determine if a dog is a service
animal?
A: In situations where it is not obvious that the dog is a service animal, staff may ask only
two specific questions: (1) is the dog a service animal required because of a disability? and
(2) what work or task has the dog been trained to perform?
Staff are not allowed to request
any documentation for the dog, require that the dog demonstrate its task, or inquire about
the nature of the person’s disability.

Q: Do service animals have to wear a vest or patch or special harness identifying them as
service animals?
A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Q: Who is responsible for the care and supervision of a service animal?
A: The handler is responsible for caring for and supervising the service animal, which includes
toileting, feeding, and grooming and veterinary care. Covered entities are not obligated
to supervise or otherwise care for a service animal.
Q: Can a person bring a service animal with them as they go through a salad bar or other
self-service food lines?
A: Yes. Service animals must be allowed to accompany their handlers to and through selfservice
food lines. Similarly, service animals may not be prohibited from communal food
preparation areas, such as are commonly found in shelters or dormitories.
Q: Can hotels assign designated rooms for guests with service animals, out of consider
ation for other guests?
A: No. A guest with a disability who uses a service animal must be provided the same
opportunity to reserve any available room at the hotel as other guests without disabilities.
They may not be restricted to “pet-friendly” rooms.

Q: Can hotels charge a cleaning fee for guests who have service animals?
A: No
. Hotels are not permitted to charge guests for cleaning the hair or dander shed by
a service animal. However, if a guest’s service animal causes damages to a guest room, a
hotel is permitted to charge the same fee for damages as charged to other guests.
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. Some people with disabilities may use more than one service animal
to perform different tasks. For example, a person who has a visual disability and a seizure
disorder may use one service animal to assist with way-finding and another that is trained
as a seizure alert dog. Other people may need two service animals for the same task, such
as a person who needs two dogs to assist him or her with stability when walking. Staff may
ask the two permissible questions about each of the dogs. If both dogs
can be accommodated, both should be allowed in. In some circumstances, however, it may
not be possible to accommodate more than one service animal. For example, in a crowded
small restaurant, only one dog may be able to fit under the table. The only other place for
the second dog would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

BREEDS
Q: Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

EXCLUSION OF SERVICE ANIMALS
Q: When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities provided
to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.


Q; What does under control mean? Do service animals have to be on a leash? Do they
have to be quiet and not bark?
A: The ADA requires that service animals be under the control of the handler at all times.
In most instances, the handler will be the individual with a disability or a third party who
accompanies the individual with a disability. In the school (K-12) context and in similar
settings, the school or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be harnessed,
leashed, or tethered while in public places unless these devices interfere with the service
animal’s work or the person’s disability prevents use of these devices. In that case, the
person must use voice, signal, or other effective means to maintain control of the animal.
For example, a person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to wander away from
her and must maintain control of the dog, even if it is retrieving an item at a distance from
her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces
may have a dog that is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to do its job, but may
be leashed at other times. Under control also means that a service animal should not be
allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if
a dog barks just once, or barks because someone has provoked it, this would not mean that
the dog is out of control.
Q: What can my staff do when a service animal is being disruptive?
A: If a service animal is out of control and the handler does not take effective action to
control it, staff may request that the animal be removed from the premises.
Q; Are hotel guests allowed to leave their service animals in their hotel room when they
leave the hotel?
A: No, the dog must be under the handler’s control at all times.

Q:Are restaurants, bars, and other places that serve food or drink required to allow service
animals to be seated on chairs or allow the animal to be fed at the table?
A: No. Seating, food, and drink are provided for customer use only. The ADA gives a person
with a disability the right to be accompanied by his or her service animal, but covered
entities are not required to allow an animal to sit or be fed at the table.
Q; Are gyms, fitness centers, hotels, or municipalities that have swimming pools required
to allow a service animal in the pool with its handler?
A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.
However, service animals must be allowed on the pool deck and in other areas where the
public is allowed to go..
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
.
Copperhead said:
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
That is correct. State's can always make stricter laws.
If you have a situation where the ADA conflicts with your state law, federal law always takes precedence.
.
PhineasSwann said:
Copperhead said:
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
That is correct. State's can always make stricter laws.
If you have a situation where the ADA conflicts with your state law, federal law always takes precedence.
Is that correct? The Fed regulation takes precedence even if the local regulation is stricter?
 
This Q&A is excerpted from the U.S. Department of Justice (July 2015). You can find it and other documents on their site. Should help clear up some questions. The boldface emphasis is mine.
I have a dog-friendly B&B and have several guests each year who bring "service dogs," both legitimate and probably not legitimate to my place. Did a presentation at the Vermont Inns & Bed and Breakfast Association meeting last fall on the subject.
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
DEFINITION OF SERVICE ANIMAL
Q: What is a service animal?
A: Under the ADA, a service animal is defined as a dog that has been individually trained to do
work or perform tasks for an individual with a disability
. The task(s) performed by the dog must be
directly related to the person’s disability.

Q: What does “do work or perform tasks” mean?
A: The dog must be trained to take a specific action when needed to assist the person with a disability.
For example, a person with diabetes may have a dog that is trained to alert him when his
blood sugar reaches high or low levels. A person with depression may have a dog that is trained
to remind her to take her medication. Or, a person who has epilepsy may have a dog that is
trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q: Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a
person. Because they have not been trained to perform a specific job or task, they do not
qualify as service animals under the ADA
. However, some State or local governments have
laws that allow people to take emotional support animals into public places. You may check
with your State and local government agencies to find out about these laws.
Q: If someone’s dog calms them when having an anxiety attack, does this qualify it as a
service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional
support animals. If the dog has been trained to sense that an anxiety attack is about
to happen and take a specific action to help avoid the attack or lessen its impact, that would
qualify as a service animal. However, if the dog’s mere presence provides comfort, that
would not be considered a service animal under the ADA.
Q: Does the ADA require service animals to be professionally trained?
A: No. People with disabilities have the right to train the dog themselves and are not required
to use a professional service dog training program.
Q: Are service-animals-in-training considered service animals under the ADA?
A: No. Under the ADA, the dog must already be trained before it can be taken into public
places. However, some State or local laws cover animals that are still in training.
GENERAL RULES
Q: What questions can a covered entity’s employees ask to determine if a dog is a service
animal?
A: In situations where it is not obvious that the dog is a service animal, staff may ask only
two specific questions: (1) is the dog a service animal required because of a disability? and
(2) what work or task has the dog been trained to perform?
Staff are not allowed to request
any documentation for the dog, require that the dog demonstrate its task, or inquire about
the nature of the person’s disability.

Q: Do service animals have to wear a vest or patch or special harness identifying them as
service animals?
A: No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Q: Who is responsible for the care and supervision of a service animal?
A: The handler is responsible for caring for and supervising the service animal, which includes
toileting, feeding, and grooming and veterinary care. Covered entities are not obligated
to supervise or otherwise care for a service animal.
Q: Can a person bring a service animal with them as they go through a salad bar or other
self-service food lines?
A: Yes. Service animals must be allowed to accompany their handlers to and through selfservice
food lines. Similarly, service animals may not be prohibited from communal food
preparation areas, such as are commonly found in shelters or dormitories.
Q: Can hotels assign designated rooms for guests with service animals, out of consider
ation for other guests?
A: No. A guest with a disability who uses a service animal must be provided the same
opportunity to reserve any available room at the hotel as other guests without disabilities.
They may not be restricted to “pet-friendly” rooms.

Q: Can hotels charge a cleaning fee for guests who have service animals?
A: No
. Hotels are not permitted to charge guests for cleaning the hair or dander shed by
a service animal. However, if a guest’s service animal causes damages to a guest room, a
hotel is permitted to charge the same fee for damages as charged to other guests.
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. Some people with disabilities may use more than one service animal
to perform different tasks. For example, a person who has a visual disability and a seizure
disorder may use one service animal to assist with way-finding and another that is trained
as a seizure alert dog. Other people may need two service animals for the same task, such
as a person who needs two dogs to assist him or her with stability when walking. Staff may
ask the two permissible questions about each of the dogs. If both dogs
can be accommodated, both should be allowed in. In some circumstances, however, it may
not be possible to accommodate more than one service animal. For example, in a crowded
small restaurant, only one dog may be able to fit under the table. The only other place for
the second dog would be in the aisle, which would block the space between tables. In this
case, staff may request that one of the dogs be left outside.

BREEDS
Q: Can service animals be any breed of dog?
A: Yes. The ADA does not restrict the type of dog breeds that can be service animals.

EXCLUSION OF SERVICE ANIMALS
Q: When can service animals be excluded?
A: The ADA does not require covered entities to modify policies, practices, or procedures if it
would “fundamentally alter” the nature of the goods, services, programs, or activities provided
to the public. Nor does it overrule legitimate safety requirements. If admitting service
animals would fundamentally alter the nature of a service or program, service animals may
be prohibited. In addition, if a particular service animal is out of control and the handler
does not take effective action to control it, or if it is not housebroken, that animal may be
excluded.


Q; What does under control mean? Do service animals have to be on a leash? Do they
have to be quiet and not bark?
A: The ADA requires that service animals be under the control of the handler at all times.
In most instances, the handler will be the individual with a disability or a third party who
accompanies the individual with a disability. In the school (K-12) context and in similar
settings, the school or similar entity may need to provide some assistance to enable a particular
student to handle his or her service animal. The service animal must be harnessed,
leashed, or tethered while in public places unless these devices interfere with the service
animal’s work or the person’s disability prevents use of these devices. In that case, the
person must use voice, signal, or other effective means to maintain control of the animal.
For example, a person who uses a wheelchair may use a long, retractable leash to allow her
service animal to pick up or retrieve items. She may not allow the dog to wander away from
her and must maintain control of the dog, even if it is retrieving an item at a distance from
her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces
may have a dog that is trained to enter a space, check to see that no threats are there, and
come back and signal that it is safe to enter. The dog must be off leash to do its job, but may
be leashed at other times. Under control also means that a service animal should not be
allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if
a dog barks just once, or barks because someone has provoked it, this would not mean that
the dog is out of control.
Q: What can my staff do when a service animal is being disruptive?
A: If a service animal is out of control and the handler does not take effective action to
control it, staff may request that the animal be removed from the premises.
Q; Are hotel guests allowed to leave their service animals in their hotel room when they
leave the hotel?
A: No, the dog must be under the handler’s control at all times.

Q:Are restaurants, bars, and other places that serve food or drink required to allow service
animals to be seated on chairs or allow the animal to be fed at the table?
A: No. Seating, food, and drink are provided for customer use only. The ADA gives a person
with a disability the right to be accompanied by his or her service animal, but covered
entities are not required to allow an animal to sit or be fed at the table.
Q; Are gyms, fitness centers, hotels, or municipalities that have swimming pools required
to allow a service animal in the pool with its handler?
A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.
However, service animals must be allowed on the pool deck and in other areas where the
public is allowed to go..
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
.
Copperhead said:
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
That is correct. State's can always make stricter laws.
If you have a situation where the ADA conflicts with your state law, federal law always takes precedence.
.
PhineasSwann said:
Copperhead said:
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
That is correct. State's can always make stricter laws.
If you have a situation where the ADA conflicts with your state law, federal law always takes precedence.
Is that correct? The Fed regulation takes precedence even if the local regulation is stricter?
.
Morticia said:
PhineasSwann said:
Copperhead said:
PhineasSwann said:
The key thing to keep in mind is that if you rent out five or less rooms AND you live on the property, you are exempt from the ADA.
I do thank you PS. I know you are REALLY in the know on this matter.
But isn't it true that each state (as well as local) can make stricter guidelines? Always good to make sure you have covered all bases.
That is correct. State's can always make stricter laws.
If you have a situation where the ADA conflicts with your state law, federal law always takes precedence.
Is that correct? The Fed regulation takes precedence even if the local regulation is stricter?
States can always enact stricter laws. But under federalism, when a state law conflicts with a federal law, the federal law always wins.
For example, the state could say that service dog restrictions apply to ALL hotels regardless of number of rooms. That's OK. But the state can't pass a law saying that hotels with 10 rooms are exempt. That conflicts with the ADA's restrictions, so the ADA wins.
 
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