Disability and Animals

Summary:

This article provides commentary on the case of Bermudez v. Hanan, 2013 N.Y. Misc. LEXIS 4397, 2013 NY Slip Op 51610(U), which concerned dog bite liability for a therapy dog.

Summary: This document gives some brief answers to questions on emotional support animals in housing.

Summary:

State and federal laws prohibit discrimination against disabled people who rely on service animals. Such laws try to protect the rights of disabled people and safeguard their service animals from harm. The penalties for violating these laws include fines, restitution, and imprisonment.

Summary:

This overview discusses the federal laws that prohibit landlords from denying housing to individuals with mental or emotional disabilities who need companion animals to lessen the effects of the disability. The factors in proving the companion animals qualify as "reasonable accommodations" under law are also outlined.

Summary:

This article provides some general information on how to seek help when a person needs an emotional support animal to function in daily life and a landlord enforces a "no pets" policy.

Summary:

Federal statutes provide protection for disabled persons against housing discrimination. These statutes and corresponding case law hold that an emotional support animal is a reasonable accommodation for a mentally disabled person, and if a landlord fails to waive a no pets policy to allow the emotional support animal in rental housing, the landlord is in violation of federal laws.

Summary:

This discussion examines the federal service animal provisions under the Americans with Disabilities Act (ADA) and the relevant states. In doing so, states' equal access, criminal interference, and white cane laws are examined in addition to other laws.

Summary:

This in-depth article presents the various categories of service animals and the functions they perform. It then examines the federal and state laws and regulations that control access to public accommodation and transportation. The authors conclude by suggesting that a uniform system of licensing and tagging would alleviate the confusion presented by current laws.

Summary:

This Article examines the extent to which animals may be used by individuals with disabilities in a particular setting--postsecondary institutions. Part I of this Article provides an introduction to Section 504, Title II, and Title III. It also summarizes the OCR guidance, which adopts the Title III service animal standards for Title II and Section 504 purposes. Part II analyzes the text and purpose of Title II and Section 504, as well as the practical realities associated with the postsecondary setting, and argues that all animals, not just the service animals of Title III, may be permissibly used by individuals with disabilities under Title II and Section 504.

Summary:

The Article begins with a brief history of service animals. It continues with an analysis of the proposed changes to the ADA rules and selected case law that illustrates the need for clarification in this area of the law. The Article then evaluates the way service animals are handled under the Air Carrier Access Act (ACAA) because of recent regulatory activity interpreting that law. The Article concludes by arguing that there are rational reasons to have an expansive definition of service animal under the ADA and, in the alternative, if there is a restrictive definition under the ADA, the broader protections under the FHA and ACAA should remain in place.