Service Animals and Assistance Animals
The right for a person with a disability to live and travel with the aid of a service animal or assistance animal is protected by a combination of federal laws that vary based on factors like the type of animal and location.
Differences Between Service Animals and Assistance Animals
| Service Animal | Assistance Animal |
|---|---|
| Service animal has a specific definition and meaning under applicable federal laws. | This is a broad term that can refer to assistance animals, support animals, emotional support animals, therapy animals, companion animals, etc. |
Dog of any breed or size | Could be any species |
Trained to perform a task related to a person’s disability | Necessary to mitigate the effects of a physical or mental disability |
| Generally, can accompany people with disabilities in their homes and all areas where the public, participants in programs, services, or activities, or invitees are permitted. | Must be permitted in areas like a person’s home, workplace, and K-12 schools. |
Rules About Service Animals
- To verify a service animal, generally it is permissible to ask only two questions:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
- Local rules on dog licenses and vaccinations can be applied to service dogs.
- A service dog cannot be banned or prohibited based on its breed or size.
- Service animals are not required to be certified or to wear a vest or other ID.
- Miniature horses may qualify as a reasonable modification and be treated in the same manner as a service animal.
Federal Laws Relating to Service Animals and Assistance Animals
- Americans with Disabilities Act (ADA)
- Section 504 of the Rehabilitation Act
- Fair Housing Act (FHA)
- Air Carrier Access Act (ACAA)
- Individuals with Disabilities Education Act (IDEA)
Where Are Service Animals & Assistance Animals Protected?*
| Location (Potential Applicable Law) | Service | Assistance |
|---|---|---|
| Businesses and Public Accommodations (ADA Title III) | Yes | No |
| K-12 Education (ADA Title II or III, Sec. 504, or IDEA) | Yes | Yes |
| Higher Education (ADA Title II or III, or Sec. 504) | Yes | No |
| Government Spaces (ADA Title II or Sec. 504) | Yes | No |
| Health Care Facilities (ADA Title II or III, or Sec. 504) | Yes | No |
| Housing (FHA or Sec. 504) | Yes | Yes |
| Places/Programs Receiving Federal Funds (Sec. 504) | Yes | No |
| Public Transportation (ADA Title II) & Airplanes (ACAA) | Yes | No |
| Workplaces (over 15 employees) (ADA Title I) | Yes | Yes |
* May depend on specific facts and circumstances. Additional resources should be consulted.
When Service Animals and Assistance Animals Can Be Prohibited
- If they are not harnessed/leashed or controlled by voice/hand signals, etc.
- If they are out of control in public – e.g., growling, biting, excessive barking.
- If the animal is not housebroken [applies to public spaces, not housing].
- If the animal’s presence or behavior would fundamentally alter the nature of the service, program, or activity.
- If the animal poses a direct threat to the health or safety of others.
- Where there is a legitimate safety requirement necessary for the safe operation of the service, program, or activity.
Find more information on service animals and assistance animals at ada.gov and hud.gov/fairhousing
Updated November 4, 2024