Service dogs are permitted in dwellings and all public areas under D.C. and federal law.
People with disabilities have the right to be accompanied by their service animals at restaurants, hotels, markets, theaters, and other public places under the District of Columbia’s disability rights law and the federal Americans with Disabilities Act (ADA). We clarify which public accommodations are covered, which animals qualify as service animals, and when service animals are permitted in dwellings in the sections below.
A service animal is defined in the District of Columbia as an animal that:
is particularly trained to help someone with a physical or mental handicap, and someone with a physical or mental disability relies on them for assistance with that disability.
The term under D.C. law expressly excludes animals used only as friends or to discourage crime.
Similarly, a service animal is a dog that has been taught to perform disability-related duties under the ADA. However, under the ADA, a miniature horse may also qualify as a service animal in specific situations. The following are examples of service animals that must be permitted in public facilities under the ADA:
The ADA does not apply to what are known as “emotional support animals,” which are animals that give a feeling of protection, companionship, and comfort to persons suffering from mental or emotional problems. Although these animals may be helpful, they cannot be specifically taught to do particular activities for individuals with impairments. Pets are not covered either.
Service animals must be permitted in all hotels and other lodging establishments; all places of public pleasure, resort, or accommodation; all locations to which the public is invited; and all common carriers, modes of transportation, and public conveyances under the laws of Washington, D.C. (including buses, taxis, trains, boats, and so on).
The definition of public accommodations under the ADA is likewise rather wide. It includes the following:
Under the ADA, religious institutions such as churches, synagogues, and mosques are not considered public accommodations. This is true even if the religious body provides secular services, such as a day care facility that accepts children regardless of whether they are members of or associated with the religious institution. Private clubs (member-controlled nonprofit organizations that are very selective, demand significant membership fees, and were not formed to avoid compliance with civil rights legislation) are likewise not protected by the ADA. However, if a private club makes amenities accessible to nonmembers, such facilities are subject to the ADA’s public accommodation regulations.
The ADA and D.C. law prohibit public establishments from charging a special entry charge or forcing you to pay any other additional expense to have your service animal accompany you. You may, however, be required to pay for any damage your animal causes.
The Americans with Disabilities Act (ADA) authorizes a public accommodation to refuse your service animal if it presents a clear hazard to health and safety (or example, if your dog is aggressively barking and snapping at other customers, the facility can kick the dog out). Your animal may also be excluded if it is not housebroken or if it is out of control and you are unable or unwilling to regulate it adequately. Even if your service animal is not permitted, you have the right to access the public facility.
A public accommodation may not ask you questions about your impairment or request certification, identification, or other evidence of your animal’s training or status under the ADA. Whether it is unclear what your service animal does, the business may just inquire if it is a service animal and what responsibilities it does for you. D. C. law also permits establishments to question whether your animal is essential for your impairment and if it is housebroken.
The District of Columbia’s disability rights statute compels landlords to provide persons with mental and physical impairments, as well as their service animals, with full and equal access to housing. D.C. law prohibits landlords from charging an additional fee for a service animal, but you must pay for any damage your animal does. Landlords may only request that you (1) produce documentation from a physician or other healthcare practitioner that you fit the District’s definition of a person with a mental or physical disability; and (2) show a link between your handicap and the function supplied by your service animal. Landlords may not enquire more about the type or degree of your handicap, nor may they compel you to define it in order to determine your eligibility for the rental.
The federal Fair Housing Act forbids discrimination against persons who utilize service animals in housing accommodations. The Fair Housing Act requires that you have full and equal access to all housing amenities and that you are not charged more for owning a service animal (although you may have to pay for damage your animal causes). A “no pets” restriction in your lease or rental agreement does not apply to your assistance animal.
Housing facilities must allow service dogs and emotional support animals if required for a person with a handicap to have an equal chance to utilize and enjoy the house, according to the federal Fair Housing Act. To be eligible for this provision, you must have a handicap and a disability-related need for the animal. To qualify, the animal must labor, provide duties or services, or lessen the emotional impact of your impairment.