Re: What qualifies a pet as a "therapy" pet? - Landlord Forum thread 324578

Re: What qualifies a pet as a "therapy" pet? by MrDan (Georgia) on September 16, 2014 @23:25

A therapy pet is an entire different case. But first, I found this to be a good explanation of the different types;

EMOTIONAL SUPPORT ANIMAL
ESA (Emotional Support Animal) is an animal owned by a DISABLED person. An ESA is a therapeutic pet, but has special rights under the FHA to allow them to live in “no pet” housing, and rights under the Air Carriers Act so that it can go in the cabin of an aircraft. As it is a PET you will have to stay in a pet friendly hotel. It however does not have any ADA protections like Title I (Work place), Title II (Transport) or Title III (Public Access in businesses). So your ESA can not go to work with you (unless invited) or go shopping in Walmart or other businesses that ban pets.
The requirements to have an ESA are: Be legally disabled under the FHA or State law and/or a letter from your doctor prescribing an ESA for your mental wellbeing.

SERVICE ANIMAL
The ADA now defines a service animal as: 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

THERAPY ANIMAL
A therapy dog (therapy animal) is an individual’s pet which has been trained, tested, certified and insured to work in hospital, nursing home, school, and other institutional settings. The therapy dog and their handler visit to cheer patients, to educate the community, to counter grief and stress, and generally be good canine ambassadors within the community. Many therapy dog partners are volunteers. Therapy dogs are not service dogs.
Under U.S. law, persons with therapy dogs are NOT granted the right to enter businesses with their dogs which do not permit pets. They do not get to fly in the cabins of aircraft because they are therapy dogs, nor do they get to live in “no pets” housing because they are therapy dogs.

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Re: What qualifies a pet as a "therapy" pet? by Becky (IN) on September 16, 2014 @23:28	[ Reply ]

Thank you. This is very helpful.

Re: What qualifies a pet as a by Kim (WV) on September 17, 2014 @01:26	[ Reply ]

Mr.Dan is 99% correct. However, there has been one slight change to what qualifies as a service animal... " the new ADA regulations contain a specific provision which covers miniature horses. Businesses must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability." I know, insane, right? But some states (IL) recognize miniature horses as service animals. And now the ADA covers them too. Here's a quote from the Huffington Post about the law (which passed in 2012) : "Per the new law, HB 3826, the horses may be trained to aid its user for any sort of disability, whether it be physical, mental or intellectual, and will be able to go anywhere a service dog is allowed. In May, the bill was approved by the Illinois Senate amid the concern of some legislators that miniature horses could prove distracting in schools. In early June, the bill was almost unanimously approved by the state House. Miniature horses were already approved for service use by federal law, but state law did not specifically grant them access to schools and businesses." The wiki for miniature horses notes " There is controversy over whether miniature horses are suitable as assistance animals for persons with disabilities. Those who favor their use point out that horses live much longer than dogs and can be trained to perform similar tasks. Another plus is that some individuals, particularly from Muslim cultures, consider dogs unclean, but accept horses." There is one city in Ohio (Blue Ash) being sued over the issue. I can't imagine being required to accept a tenant with one. Probably I won't have to, because all my SFH rental houses are in town, have smallish lots, AND the city ordinances specifically prohibit having horses in town. But who knows? The day may come....

Re: What qualifies a pet as a by Kim (WV) on September 17, 2014 @01:50	[ Reply ]

Oh, and adding to what Mr.Dan posted, I should also mention that while service animals are narrowly defined as dogs and miniature horses and must have special training, emotional support animals (ESAs) can be just about anything. One man claimed 12 ducks were needed as his emotional support animals. There have been ESA goats, rats, monkeys, you name it. There is apparently no limit on the number OR type of animal codified into law yet. There is talk that the regulations were written so loosely so that people (LLs, business owners, etc) adversely affected by the law would have to sue to get more specific regulations (thereby enriching the lawyers). Dunno, but the law as it currently exists is completely asinine, IMO! Supposedly though, if the tenants claim the need for more than one ESA, they must have a letter from a doctor or mental health professional for EACH animal, detailing what EACH animal provides for the disabled person. And, I believe each animal must serve a unique function (if memory serves). This whole ESA thing is crazy making! And trying to stay up on the regulations and NOT run afoul of the Fair Housing law, city ordinances, ADA, etc? Near impossible.

Re: What qualifies a pet as a by Becky (IN) on September 17, 2014 @02:39	[ Reply ]

"And, I believe each animal must serve a unique function (if memory serves)." Yes, from what I've been reading this evening, each animal must serve a unique function. Which kind of makes me wonder how the two dogs OP mentioned serve unique functions. And you have to wonder how the twelve ducks you mentioned serve a unique function, as well. :-) And please, please... may I never end up on a flight next to a goat or a miniature horse! It really is "crazy-making," as you say. I want very much to be supportive of people with disabilities, but it also seems like this is an issue that some people are just taking advantage of. Thank you for all of your informative posts on this subject.

Re: What qualifies a pet as a by Kim (WV) on September 17, 2014 @02:50	[ Reply ]

Yes, some people really do have disabilities and are helped by emotional support animals and service animals, beyond a doubt. But it's also true that some people are taking gross (in many senses of the word) advantage of the situation. I have a nephew who was born with such severe spina bifida that the doctors did not expect him to live 24 hours. But, thanks to medical advances, caring family, and his own will, he is now almost 30 years old, living on his own, and employed full time (working for a home caregiver service). There is going to come a day when he will be confined to a wheelchair and may need a service animal. I fully support the truly disabled (whether it's a mental or physical disability) being able to have a service animal or emotional support animal. But all these people who take advantage of the situation may end up ruining it for everyone. For certain they are making life difficult for landlords....