Service Animals

Attorney General

of New York

Letitia James

Dear New Yorkers,

New York State Ofﬁce of the Attorney General,

Civil Rights Bureau

(212) 416-8250

(800) 788-9898 – TDD

[email protected].gov / ag.ny.gov/bureaus/civil-rights

US Department of Justice ADA Information Line

(800) 514-0301

(800) 514-0383 TDD

ada.gov

Service

Animals

In Public Accommodations

Everyone, regardless of differing abilities, is

entitled to equal access to services and public

accommodations. For many, the ability to mingle

in public, whether it is for a doctor’s appointment

or a social engagement, depends upon being

accompanied by a service animal.

Fortunately, the law protects the right of those with

disabilities to fully participate in public life with

their animals. Public facilities may not bar service

animals, and housing providers must allow service

animals, even if they enforce “no pet” policies.

Service animals are not pets.

This brochure discusses the laws that protect

individuals who rely upon service animals. If you

have questions about these laws, or if you have

been discriminated against because of your service

animal, please contact the Civil Rights Bureau in my

ofﬁce; we may be able to help.

Sincerely,

Service Animals - A Broad Deﬁnition

A service animal is a working animal, not a pet. The Americans

with Disabilities Act (ADA) deﬁnes a service animal as 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. Dogs

that satisfy this deﬁnition are considered service animals under

the ADA regardless of whether they have been licensed or certiﬁed

by a state or local government, or any other entity.

Here are some examples of tasks a service

animal might perform:

• Assisting with navigation, or stability and balance;

• Alerting to sounds or allergens;

• Pulling wheelchairs, carrying and retrieving items;

• Seizure assistance;

• Interrupting impulsive or destructive behaviors.

Resources

New York State Ofﬁce

of the Attorney General

Letitia James

NOTE: A public accommodation provider is not responsible for

the care or supervision of a service animal and is not required to

provide food or a special location for the animal.

Any person violating these laws can be assessed damages and

penalties by the State Division of Human Rights or a court of

competent jurisdiction.

Documentation is Not Required

A public accommodation provider cannot ask about the nature

or extent of a person’s disability and may not demand proof that

the animal is certiﬁed. However, if it is not readily apparent that a

dog is a service animal, they may ask, (1) if the animal is required

because of a disability, and (2) what work the animal has been

trained to perform. The business must allow the animal regardless

of any stated “no pets” policy: a service animal

is not a pet.

Although some states have programs to certify service animals,

certiﬁcation is not required for a public accommodation.

NOTE: Some businesses, many of them online, sell fake service

dog certiﬁcations: certiﬁcates, licenses, tags, or harnesses that

identify service dogs in exchange for a fee. Individuals should be

careful when dealing with businesses selling such documentation

and accessories, especially those that do not provide training or

evaluation, or that charge high fees.

Federal ADA Overrides State or Local Laws

Service Animals Allowed Where Public is

Allowed

Under the ADA and New York law, businesses and facilities that

serve the public may not discriminate against individuals with

disabilities. These include:

• Restaurants, hotels and retail stores;

• Theaters and sports facilities;

• Transportation, including taxicabs and buses.

In addition, they must permit a service animal in all areas of the

facility where customers are allowed or the public is invited.

For example, in a hospital, a service animal might be allowed

in a patient or examination room, but may be excluded from

operating rooms or other units where a sterile environment may

be compromised.

A business may not impose extra deposits, fees or surcharges

because of a service animal, but may charge a fee if a service

animal causes damage — as long as it regularly charges

nondisabled customers for the same types of damages.

Service Animals in Housing

The Fair Housing Act prohibits discrimination in the

sale or rental of housing based on an individual’s

disability and requires a housing provider to make

“reasonable accommodations” that are necessary

for an individual with a disability to fully use and

enjoy the housing. This may include allowing those

with a disability to have a service animal live with

them, regardless of a “no pets” policy.

Like the ADA, the Fair Housing Act protects persons

with physical and mental disabilities, and requires

that service animal be allowed in housing. However,

the animal service rules that apply to service or other

animals in housing differ from the rules that apply to

public accommodations in a few important ways.

• The deﬁnition of service animals under

the Fair Housing Act is broader than that

under the ADA. Animals that provide comfort

or emotional support do not qualify as service

animals under the ADA, but may qualify under

the Fair Housing Act. This is not limited to dogs;

any animal may qualify.

• The animal need not be specially trained

as a service animal if it provides physical

or emotional support, lessens the effects

of the person’s disability and is necessary

for the person to be able to fully enjoy

the housing.

• A housing provider may require an individual

to provide documentation of their disability

and their need for the animal (for example,

letters from doctors or therapists describing

the disability and explaining how the animal

helps the individual).

Some local laws provide more limited deﬁnitions in this area,

such as “seeing eye” or “guide” dogs, and in so doing may

exclude other types of service animals. However, a business

which refuses to admit any of the other types of service

animals on the basis of these local laws (including local health

department regulations) may be violating the federal ADA. For

example, establishments that sell or prepare food must allow all

service animals in public areas even if local health codes prohibit

animals on the premises.

NOTE: A business may exclude a service animal only if the

animal is out of control or not housebroken and the animal’s

handler does not control it. Allergies or fear of dogs are not valid

reasons for denying access.