Debbie Baum | Legal Line Question of the Week: Assistance Animals, Emotional Support Animals and Service Animals
Legal Line Question of the Week: Assistance Animals, Emotional Support Animals and Service Animalsis discussed on Debbie Baum's website regarding New York City real estate.
Legal Line Question of the Week: Assistance Animals, Emotional Support Animals and Service Animals
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Legal Line Question of the Week: Assistance Animals, Emotional Support Animals and Service Animals

Posted by Debbie Baum in REBNY Legal Question

Question

What is the difference between an Assistance Animal, an Emotional Support Animal and a Service Animal?

Answer

There are two primary federal laws which relate to fair housing, disability and animals; the Fair Housing Act (“FHA”) and the Americans with Disabilities Act (“ADA”). The ADA defines a “Service Animal” as a dog or small horse that is individually trained to do work or perform tasks for an individual with a disability. The FHA defines “Assistance Animal” as an animal that provides assistance or performs tasks for the benefit of a person with a disability. The major difference between a Service Animal and an Assistance Animal is that a Service Animal is required to be specially trained and certified where an Assistance Animal is not required to be trained and certified. An Emotional Support Animal (“ESA”) is recognized as an Assistance Animal under the FHA and is defined as an animal that provides emotional support that alleviates one or more identified symptoms of a person’s disability. Because an ESA is recognized as an Assistance Animal, it is covered under the FHA.

 Neil B. Garfinkel | Debbie Baum
Neil B. Garfinkel,
REBNY Broker Counsel
Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP
16 Aug 2018 no comments

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