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Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ada.

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Emotional support animals are intended to provide support for mental and emotional disabilities through companionship. The ada does not recognize dogs who solely provide emotional support or comfort as service animals. Emotional support animals comfort animals and therapy dogs are not service animals under title ii and title iii of the ada. Although emotional support animals do not have the same rights as service dogs under ada they are protected under the fair housing amendment act fhaa and the air carrier access act acaa.

Other species of animals whether wild or domestic trained or untrained are not considered service animals either. Of justice revised ada regulation has a new separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ada. Unlike service dogs emotional support animals do not require any special training.

The work or tasks performed by a service animal must be directly related to the individual s disability. This definition does not affect or limit the broader definition of assistance animal under the fair housing act or the broader definition of service animal under the air carrier access act. The ada makes a distinction between psychiatric service animals and emotional support animals. Under title iii of the federal americans with disabilities act ada and virtually all state laws a service animal is an animal that has been trained to perform work or tasks for the benefit of a person with a disability.

The ada does not grant emotional support dog owners the same right of access to public places that it gives to individuals who use psychiatric service dogs. That means that under the ada a movie theater for example must allow psychiatric service dogs to accompany their owners into the movie auditorium but can refuse to admit individuals with emotional support dogs. Service animals service dogs have full public access service dog in training in most states have same full access check your state laws are specifically trained to help mitigate a handlers disability. Emotional support animals also called therapy or comfort animals have not been trained to perform work or tasks.

This definition however does not limit housing providers obligations to make reasonable accommodations for assistance animals under the fhact or section 504. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ada. However if the dog s mere presence provides comfort that would not be considered a service animal under the ada. If you meet the criteria of these provisions you are entitled to an emotional support animal in the air and in your housing unit.

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