Know the Difference Between Assistance Animal and Service Animal

I receive this question a lot. As the owner of this animal, you are responsible for understanding the laws and knowing your rights. 

Here are some frequently asked questions regarding the difference between “Assistance Animals” and “Service Animals.” 

The 3 types of Assistance Animals are Service, Therapy, and Emotional Support. The image above provides a quick review of the differences. 

Is there a difference between the meaning of “service animal” and “assistance animal”?

Yes, this can become a bit confusing for newcomers. What I’ve learned along the way is that each law uses different terms and definitions. The context is important to consider. Some of them are a lot more specific while others are more general. And some states may have additional guidelines and laws to follow. Let’s check out a few examples. 

Examples: 

• The Air Carrier Access Act (ACAA) uses the term “service animal” as a more generic term. But, in this context, the term “service animal” is much broader than the ADA definition.
• The Americans with Disabilities Act (ADA) uses the term “service animal” to describe specifically trained dogs that do work directly related to a person’s disability.
• The Fair Housing Act (FHA) uses the term “assistance animal” when referring to the rules that enforce this law. It includes any animal (not limited to dogs) that must reduce the symptoms of a person’s disability, including emotional support, guidance or other specific functions. There is no training required.
   

Depending on the specific circumstances, you may be afforded legal protections under one or more of these statutes. For instance, in the scenario where you reside in public housing and possess a specially trained service animal, you are entitled to protections under both the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).

Let me break these three acts down a little bit more for you.
 

The Air Carrier Access Act (ACAA)

The ACAA is a law that grants you equal access to air travel by making it illegal for airlines to discriminate against you, as a passenger, because of your disability.

What types of animals does this cover?

The ACAA uses the broader term of “service animal” than under the ADA. The ACAA refers to “service animals” as dogs and other animals. The airline is given these guidelines to follow when identifying a service animal:

• harnesses 
• animal identification cards
• other written documents
• credible verbal assurances by the person with the disability 

As a passenger with a service animal, you are entitled to have your animal accompany you during air travel, provided that the animal does not obstruct the aircraft aisle. If this were to happen, the airline should make reasonable efforts to accommodate you and the animal in adjacent seating. 

Transporting the service animal in the baggage compartment should be considered only when no other viable alternatives exist.

Americans with Disabilities Act (ADA)

Which public spaces are covered by the ADA?

The Americans with Disabilities Act (ADA) grants you the right to access nearly all public spaces and buildings accompanied by a “service animal.” Such an animal is specifically trained to assist with the symptoms of your disability. 

Public spaces and buildings refer to privately owned establishments that are generally accessible to the public, as well as governmental facilities. With that said, if entry is allowed for people without service animals, the same privilege extends to those with service animals.

Examples:

• Restaurants. Even if state or local health codes prohibit animals, places that prepare/sell food must legally allow service animals in public areas.
• Hospitals. You are allowed to have your service animal when visiting patient rooms, cafeterias, and examination rooms. However, in locations such as operating rooms where the general public is usually not allowed, people with service animals would not be allowed there either.

Service animals should not result in you being banned or being asked to remove your service animal, unless there are valid reasons, such as it not being under control, it displaying aggressive behavior towards others, and/or if it is not housebroken. 

The ADA covers what types of animals?

Per the regulations of the Americans with Disabilities Act (ADA), service animals are exclusively limited to dogs, and they must undergo training to execute tasks directly associated with the person’s disability.  

If a dog offers company, comfort, or if it helps with anxiety or fears without special training, it’s not considered a “service animal” under the ADA. Just having a doctor’s letter isn’t enough to make an animal a service animal. The ADA says it’s the specific training of the dog that makes it a “service animal.”

Examples of tasks:

• Psychiatric service dogs: task to detect the onset of psychiatric episodes
• Seizure response dogs: tasks to help those with seizure disorders 
• Signal dogs: task to alert people with hearing loss or who are deaf
• Seeing-eye dogs: task to help people who are blind or have vision problems
• Working dogs: task to pull wheelchairs or help with balance or walking
• Sensory signal dogs: tasks to help those with autism

If your disability and need for a service animal are obvious, the dog should be allowed to accompany you in public spaces without any additional questions. If the need for the service animal is not obvious, you may only be asked two questions:

1. Do you require the service animal due to your disability?

2. What task or work has the service animal been trained to perform?

When found in this situation, you are not required to:

• Provide proof of your disability
• Provide medical documentation
• Present an identification card
• Display other evidence of the dog’s training
• Have the dog demonstrate the work or task it performs

The ADA does not limit service animals to specific breeds, sizes, or weights. Service animals must be vaccinated under state and local regulations.

The Fair Housing Act (FHA)

What does the FHA consider an “assistance animal”?

The Fair Housing Act, enforced by the federal agency HUD (Housing and Urban Development), uses the term “assistance animal” instead of “service animal.” 

According to HUD, “assistance animals” help individuals with disabilities by performing work, providing emotional support, or reducing their symptoms. This can include alerting a person of impending symptoms, guiding a person, and performing various other helping functions. 

Importantly, any animal, not just dogs, can be an assistance animal, and they do not have to be specially trained.

What does “reasonable accommodation” refer to?

This law requires housing providers like landlords and housing authorities to make “reasonable accommodations” for people with disabilities to give everyone an equal opportunity to live in good housing. 

“Reasonable accommodations” refer to exceptions to housing provider rules. For instance, a landlord may have a rule stating “No pets allowed.” However, they may be required to allow an “assistance animal.” These animals are not considered pets; they are comparable to wheelchairs or assigned parking spaces.

A tenant cannot be charged for a reasonable accommodation. The landlord cannot make you pay a fee or deposit for a service animal. 

However, if the animal causes damage, you might have to pay for repairs or a replacement as the behavior of the animal is your responsibility.

How do I get a “reasonable accommodation”?

To make a “reasonable accommodation” request for an assistance animal, you need to provide a note from a healthcare provider stating that you have a disability and need the assistance animal for disability-related assistance or emotional support. 

Or, you can demonstrate that your animal has been trained to help you with specific tasks. The housing provider must approve your request unless there is a compelling reason not to, such as the animal posing a threat to the health or safety of others or causing damage.

In Summary

I hope this helps clarify some of the differences out there between assistance animals and service animals. Feel free to reach out with any additional questions at [email protected].