Documentation for Service Animals (Dogs)

[pedro47]

Thanks you Steve Fatula for breaking it down in simple language.

 

[vacationhopeful]

I had a tenant (an apartment in an 8 unit building) who CLAIMED his german sheppard was a Service Dog. TUG threads like this help educate me as to WHAT is WHAT. His dog was a companion dog or a pet. He and his visiting girl friend didn't feel they had to cleanup the dog's poop in the yard nor was the dog always with its owner (left in apartment when he went to work).

Became a non-issue after I evict him for the mortal sin of NOT PAYING his rent.

 

[tschwa2]

I had a tenant (an apartment in an 8 unit building) who CLAIMED his german sheppard was a Service Dog. TUG threads like this help educate me as to WHAT is WHAT. His dog was a companion dog or a pet. He and his visiting girl friend didn't feel they had to cleanup the dog's poop in the yard nor was the dog always with its owner (left in apartment when he went to work).

Became a non-issue after I evict him for the mortal sin of NOT PAYING his rent.

You do need to be careful because the Fair Housing Act (which does not apply to business and workplaces and timeshares and hotels) give owners with emotional support animals additional rights.

 

[geist1223]

I deliberately did not list the two question so as not to help the cheaters.

 

[Sandy VDH]

No dogs should be left in room. If it truly is a service dog, that service need to be provided all the time. So that service dog would go to work, store, play, anywhere. People seem to leave their emotional support animals behind all the time.

 

[BocaBoy]

I've actually never once seen or heard a pet at a US MVCI.

You are lucky. I see (actually hear) them all the time at hotels and MVCI resorts.

 

[Jan M.]

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Service Animals
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview
This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.

• Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
• A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
• Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

How “Service Animal” Is Defined
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

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.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.

Where Service Animals Are Allowed
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.

Service Animals Must Be Under Control
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

• When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
• Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
• Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
• People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
• If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.
• Staff are not required to provide care or food for a service animal.

Miniature Horses
In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

 

[pedro47]

Jan M. Thanks you.
I just printed your information.

Everyone now please read this whole thread.

Please read How “Service Animal” Is Define. Please read that last sentence in the first paragraph.

Please read the whose sentence.
“Dogs whose sole function is

 

[bazzap]

The real issue is that well meaning regulations intended to quite rightly protect owners needing genuine service animals seem to fail totally to offer an effective means of challenging and preventing people from bringing their pets to resorts and deceitfully claiming they are service animals.

 

[Dean]

The real issue is that well meaning regulations intended to quite rightly protect owners needing genuine service animals seem to fail totally to offer an effective means of challenging and preventing people from bringing their pets to resorts and deceitfully claiming they are service animals.

No doubt and I suspect the expansion of abuses in terms of pets or support animals will eventually result in a registration/documentation requirement for services animals.

 

[geist1223]

One time at a Resort the people left their "Service dog" alone in the room for hours and the dog would start barking. Patti decided if this happened in the future that she would call 911. Her reasoning is that a properly trained "service dog" would not be barking unless there was an emergency. So far have not had to test her theory.

 

[regatta333]

I am seeing more and more small dogs at timeshare resorts. My husband and I were staying in a Blue Green resort last week and I saw a shitz shu wandering around near the lobby area. Later on that day, in the hot tub, I overhead someone asking a guy asking another owner where his shitz shu was. He said the dog was sleeping in the room. When asked how he was able to bring the dog to the resort, he briefly replied "Service dog". I felt like asking what service the dog was performing while everyone in their party was out in the hot tub and the dog was asleep in the room.

I was not part of the conversation, so just kept my thoughts to myself, but resorts need to do a better job of policing this.

 

[jme]

I am seeing more and more small dogs at timeshare resorts. My husband and I were staying in a Blue Green resort last week and I saw a shitz shu wandering around near the lobby area. Later on that day, in the hot tub, I overhead someone asking a guy asking another owner where his shitz shu was. He said the dog was sleeping in the room. When asked how he was able to bring the dog to the resort, he briefly replied "Service dog". I felt like asking what service the dog was performing while everyone in their party was out in the hot tub and the dog was asleep in the room.

I was not part of the conversation, so just kept my thoughts to myself, but resorts need to do a better job of policing this.

Tell the front desk, at least to have them note it.

 

[csalter2]

I believe that Marriott should provide a sheet with specific rules to those who are vacationing with service dogs. A note or sheet highlighting things such as the dog should be with them at all times and not left in the room alone would greatly be appreciated by those who do not wish to be unnecessarily disturbed by dogs.

As for therapy dogs, they should be kept home. Period

 

[Steve Fatula]

People don't read the instructions they do get already. I like the idea, just don't think many people read the handouts. If you are disturbed by dogs, it's not difficult to just let the front desk know.

Unless it's a true service dog which is perfectly fine of course, yes, leave them at home please. Totally agree.

 

[geist1223]

We own 3 pets (2 cats and 1 dog). We use to own 4 pets (2 dogs and 2 cats). We had 2 dogs and 1 cat die in 14 months - problem with having senior pets. We hire a house/pet sitter. Only $25 per day. A lot cheaper than Boarding plus our pets are in their Home. Also that way the house does not sit vacant when we are gone for 2 - 4 weeks.

Also there is the problem with people with allergies. Former DIL was horribly allergic. We had to make sure we had freshly laundered clothes when we went to visit. One time they checked into a Resort for a long weekend and within minutes she had to leave the room. Almost used her Epi-pen. They went to the front desk. They had no records of a legal service animal ever being in that room. So obviously someone had smuggled in an illegal pet. They were able to locate them another room.

We have seen how some Resorts treat a room that has had a legal service animal. We watched them empty a 2 Bedroom Unit of all furniture, curtains, etc. They then cleaned the room from ceiling to floor and shampooed the furniture before it went back into the unit. All this at no extra charge.

 

[bazzap]

We have seen how some Resorts treat a room that has had a legal service animal. We watched them empty a 2 Bedroom Unit of all furniture, curtains, etc. They then cleaned the room from ceiling to floor and shampooed the furniture before it went back into the unit. All this at no extra charge.

These “deep cleans” will eventually be at extra cost to all resort owners through increased service budget and eventually Maintenance Fees.
However, I do understand that there can be no extra charge for individual owners with service animals.

 

[PamMo]

...My husband and I were staying in a Blue Green resort last week and I saw a shitz shu wandering around near the lobby area. Later on that day, in the hot tub...

I was on the treadmill reading through this thread, and burst out laughing thinking of a spoiled little shitz shu in the hot tub!

 

[geist1223]

These “deep cleans” will eventually be at extra cost to all resort owners through increased service budget and eventually Maintenance Fees.
However, I do understand that there can be no extra charge for individual owners with service animals.

Worldmark's Official Policy (though I do not know how often they enforce it) is if you get caught with a non-service animal is to assess a $350 cleaning fee and suspend use of your credits until it is paid.

 

[BJRSanDiego]

I go to a lot of Marriott TS and I regularly see dogs. Some may be service animals but some are not. For instance, a dog not on a leash, unattended dogs left on the patio to bark, a dog who has behavioral problems (biting people) and little puppies (no time yet to get training).

Many of the staff at the Marriotts don't know the two questions that can be asked. They may know one or perhaps not.

I've been told by M management that they are concerned about being sued.

So here is my question: has anyone been sued because they either asked more than the two questions or didn't phrase them correctly? If they are sued, is it by the owner of the dog or is it by a governmental agency? Is there a governmental mandatory fine?

 

[Fairwinds]

WE ALL KNOW THAT'S TRUE, but it's vastly abused, and these people who bring their PETS "just because"
have somehow gotten the service dog designation, and enjoy free run of a resort, so to speak.

I believe it's all going to come down on everybody because of this, and I envision it within a couple of years.
AT LEAST I HOPE SO. Animals are fine at home, true service animals I understand, but abusing the system at the expense
of all owners is nothing short of selfish, and should not be tolerated. Kennels exist for such people.

Dogs at home are fine, like I said, but dogs at a place where OTHER PEOPLE will occupy the following week
is not acceptable. Consider only two (of many) items---Lyme disease from ticks, and allergic reactions, including anaphylactic shock.....
it happens----
so now it's become a medical issue for non-animal occupiers, and that must be dealt with.
"Cleaning" is only superficial and vastly inadequate, and very expensive, subsidized by all owners wrongly.

I don’t really understand the justification for banning a requirement for service dog credentials. There ought to be an ADA registration program that issues credentials. Problem solved without diminishing the well deserved rights of the few who actually have and need a service dog. I think there are safety issues as well as the health issues you mention.

 

[Jan M.]

I've seen this topic discussed before and wanted to share how this resort is handling the issue. In this letter the resort references both Colorado law and also the ADA law several times.

Dear RCI Exchange Guest,

We look forward to hosting you for your upcoming vacation through RCI.

Recently, we have had several RCI guest families attempt to check in for vacation with emotional support animals under the misunderstanding that these animals qualify under federal ADA law.

Under ADA regulation, service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to a person's disability.

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

Please carefully read the policy below. If you have questions, please contact me before arrival. We will not check in guests arriving with non-ADA Service Dogs. Please avoid any inconvenience or disappointment by contacting me in advance.

Sincerely, xxxxx, Front Office Manager

Our Policy is as follows:

SERVICE ANIMALS ARE WELCOME

Service animals are individually trained to do work or perform tasks for a person with a disability. Colorado state regulations prohibit non-service animals from entering the premises. Pets whose function is to provide comfort or emotional support do not qualify under the Americans with Disability Act. Under Colorado law, it is a criminal offense to misrepresent an animal as a service animal. C.R.S. §18-13-107.7.

All guests arriving at Rams Horn Village with a service dog are required to complete the following Record:

ADA Service Animal Record

Rams Horn Village Resort accommodates Service Animals as defined Title II and Title III of the ADA. A 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.

Under the Act, Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Under the ADA and Colorado law, owners of public accommodations are not required to allow emotional support animals, only service animals.
The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. The Service Animal must be under the handler's control at all times. It may not be left unattended in a home or other location on the resort.
Under the ADA, the dog must already be trained before it can be taken into public places.
For our Association records, please answer the following two questions and sign below:
(1) Is the service animal required because of a disability? ___Yes___No
(2) What work or task has the dog been trained to perform? ____________________________________________________________________________________________________________
Guest Name: __________________________
Date: _______________________________
Rams Horn Village Resort Representative: ________________________


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[clifffaith]

You do need to be careful because the Fair Housing Act (which does not apply to business and workplaces and timeshares and hotels) give owners with emotional support animals additional rights.

We were prisoners in our own home the last 2-3 months we had a scammer tenant in our guest house. On a Sunday afternoon about 3 weeks before she finally vacated the premises, who should arrive but a woman claiming to be a lawyer, and a "dog handler". Dog handler was a young male being dragged around by a rambunctious young pit bull. We did not know who these people were at first, just that they were in our guest house with the tenant. Of course our radar went up and we slid open Cliff's office window which was opposite her door so we could hear what was going on.

After about an hour, there was a loud departure with the extra people saying goodbye to the dog and the tenant cooing over him saying how much she loved that he was hers. We go out "that dog can't stay here". Oh yes he can he is her emotional support. Told them the police were on the way. Of course that is a low priority call and in the meantime the friend of a friend who is a lawyer answered her phone at home. GO NOW AND TELL HER SHE CAN KEEP THE DOG was the advice. We did, dog was gone in ten minutes never to be seen again. Just one more part of her reign of terror which included accusing Cliff of sexual assault and me of invading her privacy.

 

[csalter2]

We were prisoners in our own home the last 2-3 months we had a scammer tenant in our guest house. On a Sunday afternoon about 3 weeks before she finally vacated the premises, who should arrive but a woman claiming to be a lawyer, and a "dog handler". Dog handler was a young male being dragged around by a rambunctious young pit bull. We did not know who these people were at first, just that they were in our guest house with the tenant. Of course our radar went up and we slid open Cliff's office window which was opposite her door so we could hear what was going on.

After about an hour, there was a loud departure with the extra people saying goodbye to the dog and the tenant cooing over him saying how much she loved that he was hers. We go out "that dog can't stay here". Oh yes he can he is her emotional support. Told them the police were on the way. Of course that is a low priority call and in the meantime the friend of a friend who is a lawyer answered her phone at home. GO NOW AND TELL HER SHE CAN KEEP THE DOG was the advice. We did, dog was gone in ten minutes never to be seen again. Just one more part of her reign of terror which included accusing Cliff of sexual assault and me of invading her privacy.

I have seen a lifetime movie about a tenant like the one you describe. I can’t imagine being in that situation.

 

[Wolfpacker]

Steve, you are indeed lucky. I believe the "questions" stated above are to do with the ADA. However, unfortunately (for folks with severe allergies), there is a 2nd Federal law (I think its the Fair Housing Act) that allows pretty much any type of animal to accompany an owner. IMO, this is a bad provision of an otherwise good law which is being used be used to abuse the legitimate ADA Service Animal provisions. I have read the text of the laws (and probably the regulations written based on the 2nd law) but regrettably I don't recall the details. But, I do recall a personal experience.

One day I met a lady coming out of my rental condo with a dog on a leash. I started a conversation with her (she didn't know I was the owner) to find out what was up with the dog. She said she was "training" it to be a hos[ital therapy dog and she had put a jacket on the dog to prove it. The resort said there was nothing they could do. I don't recall all the details - I just recall the bottom line from the resort/rental desk where I owned the Condo - that if someone said it was required for therapy or comfort, that resort couldn't prevent the owner from bringing it into the Condo, based on the 2nd law. However, they could charge a substantial cleaning fee to remove pet hairs, dander etc. The resort could have challenged (and charged) the person but then she could have smeared the resort on social media.

I no longer own rental property and I suppose one reason I don't is the frustration I experienced with this 2nd Federal law. Its a no-win for the resort and for me as a rental property owner. BTW, I love dogs but this was clearly an abuse.

EDIT - Posted before I read the other similar comments. The resort's lawyers said the Fair Housing Act does apply to hotels and timeshares, but hopefully they were wrong.