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Service Dogs and Emotional Support Animals in New Hampshire

Feb 4, 2023

In New Hampshire, any sort of service dog is permitted in rental dwellings and public venues.

People with disabilities may bring service animals to all “public accommodations,” including shops, companies, hotels, restaurants, theaters, and schools, under New Hampshire’s service animal statute and the federal Americans with Disabilities Act (ADA). We explain which animals qualify as service animals, which public places are covered, and what guidelines you may need to follow with your service animal in the sections below.

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Table of Contents

      • In New Hampshire, What Are Service Animals?
      • In New Hampshire, what qualifies as a public accommodation?
      • Is Your Service Animal Restricted in Any Way?
      • Service animals are permitted in New Hampshire housing.
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In New Hampshire, What Are Service Animals?

A service animal in New Hampshire is a canine that has been taught to do duties or labor for the benefit of someone with a handicap. Physical, sensory (such as poor eyesight or deafness), intellectual, psychological, or other types of mental disabilities are also possible. A service animal may assist a blind person in navigating, retrieving items, pulling a wheelchair, assisting a person with a psychiatric disability in preventing or interrupting impulsive behaviors, or providing physical support to assist someone with limited mobility in balancing and remaining stable.

Similarly, a service animal is a dog that has been taught to do disability-related duties or labor for the benefit of a person with a handicap, according to the ADA. A miniature horse may also qualify as a service animal under the ADA in specific situations. In addition to guiding dogs and hearing dogs, the following service animals must be permitted in public facilities under the ADA:

psychiatric service animals, who may assist their handlers in managing mental and emotional disorders by halting self-harming habits, reminding handlers to take medicine, searching for intruders, or offering relaxing pressure during anxiety or panic episodes.
Seizure warning animals warn their handlers of potential seizures and may help protect their handlers during seizures. and allergy alert animals, which inform their handlers to potentially hazardous chemicals (such as peanuts).

Neither the ADA nor New Hampshire’s service animal statute cover what some refer to as “emotional support animals,” which are animals that give a feeling of safety, companionship, and comfort to those who have mental or emotional disorders or conditions. Although emotional support dogs, therapy dogs, and other animals may be beneficial, they cannot be specifically taught to do particular duties for their handlers. Owners of public establishments are not obligated by the ADA or New Hampshire law to allow emotional support animals, only service animals. These rules do not also apply to pets.

In New Hampshire, public accommodations must adhere to both state and federal regulations.

In New Hampshire, what qualifies as a public accommodation?

Hotels, roadhouses, and trailer parks; restaurants, ice cream parlors, and bars; swimming pools, skating rinks, gymnasiums, fairs, and pool halls; shops and stores; theaters, auditoriums, music halls, and meeting places; schools and libraries; and hospitals are all examples of public accommodations in New Hampshire.

The definition of public accommodations under the ADA is likewise fairly wide. It includes the following:

hotels and other types of accomodation
restaurants and other locations that provide food and drink service, sales, or rental businesses any place of public meeting, such as an auditorium or conference center places of amusement and exhibition, such as theaters, sports stadiums, museums, and libraries
Educational institutions and social assistance centers such as elder centers, homeless shelters, and food banks. Recreational facilities such as zoos, parks, gyms, and bowling alleys.

Is Your Service Animal Restricted in Any Way?

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.

The ADA forbids public accommodations from charging a special entry charge or forcing you to pay any other additional expense in order to bring your service animal with you. You may, however, be required to pay for any damage your animal causes.

Your service animal may be denied access to a public accommodation under the ADA if it presents a direct 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.

Service animals are permitted in New Hampshire housing.

Both the federal Fair Housing Act and New Hampshire law ban discrimination against service dogs in rental housing arrangements. You must have full and equal access to all housing amenities, and your landlord may not charge you an additional fee for owning a service dog (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 dog.

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.

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