D.C. Laws on Service Dogs and Emotional Support Animals

Under the District of Columbia's disability rights law and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to be accompanied by their service animals in public places like restaurants, hotels, stores, theaters, and other places that are open to the public.

Here's what you need to know about the public accommodations covered under federal and D.C. laws and which animals qualify as service animals. We'll also examine how these laws treat emotional support animals (ESAs) and how federal and D.C. housing laws treat ESAs.

Which Animals Are Considered Service Animals in D.C.?

The District of Columbia defines a service animal as an animal that is:

• specially trained to assist someone with a physical or mental disability, and
• relied on by someone with a physical or mental disability for assistance related to that disability.

The definition under D.C. law doesn't limit service animals to just dogs. Any domesticated animal that's legal to keep in the District without a special permit can qualify as a service animal. (D.C. Code § 7-1009(5).) But the law specifically excludes animals that serve solely as companions or to deter crime.

The ADA defines a service animal as a dog (or sometimes a miniature horse) trained to perform disability-related tasks. Examples of service animals that must be allowed into public accommodations under the ADA include:

• hearing dogs, which alert their handlers to important sounds, such as alarms, doorbells, and other signals
• guide dogs, which help those who are blind or visually impaired navigate safely
• psychiatric service animals, which help their handlers manage mental and emotional disabilities by, for example, interrupting self-harming behaviors, reminding handlers to take medication, checking spaces for intruders, or providing calming pressure during anxiety or panic attacks
• seizure alert animals, which let their handlers know of impending seizures and might also guard their handlers during seizure activity, and
• allergen alert animals, which let their handlers know of foods or other substances that could be dangerous (such as peanuts).

The ADA doesn't cover service animals in training. But the District's equal access laws do—as long as the animal is being trained by an organization that provides service animals to people with physical or mental disabilities.

Emotional Support Animals Under the Law in D.C.

Emotional support animals provide a sense of safety, companionship, and comfort to those with psychiatric or emotional conditions. Although these animals often have therapeutic benefits, they're not individually trained to perform specific tasks for people with disabilities, so, like pets, they don't meet the definition of service animal under state or federal law.

Because the ADA and D.C. equal access laws only cover service animals, people with disabilities don't have a legal right to bring their ESAs to public places in the District of Columbia. However, federal housing rights laws protect your right to have an emotional support animal in housing. (See more below.)

What Counts as a Public Accommodation in D.C.?

Under the laws of Washington, D.C., service animals must be allowed in all the following:

• hotels and other places of lodging
• places of public amusement, resort, or accommodation
• places to which the public is invited, and
• common carriers, types of transportation, and public conveyances (including buses, taxis, trains, boats, and so on).

Under the ADA, the definition of public accommodations is also very broad. (42 U.S.C §12181(7).) The definition includes all of the following:

• hotels and other lodging establishments
• public transportation terminals, depots, and stations
• restaurants and other places that serve food and drink
• sales or rental establishments
• service establishments
• public gathering places, such as auditoriums and convention centers
• places of entertainment and exhibit, like theaters or sports stadiums
• gyms, bowling alleys, and other places of exercise or recreation
• recreational facilities, including zoos and parks
• libraries, museums, and other places where items are collected or displayed publicly
• educational institutions, and
• social service centers.

Religious entities, such as churches, synagogues, and mosques, aren't considered public accommodations under the ADA. This exemption applies even if the religious entity offers secular services, like a daycare center that admits children whether or not they're affiliated with the religious institution.

Private clubs are also exempt under the ADA—except those facilities the club makes available to nonmembers. (28 C.F. R. § 36.102(e).) For a private club to fall under this exemption, it must:

• be a member-controlled nonprofit group
• be highly selective
• charge substantial membership fees, and
• not created to avoid compliance with civil rights laws.

Another federal law, the Air Carrier Access Act (ACAA), protects your right to bring your service animal on commercial airlines—with some restrictions. Learn more about the rules for flying with your service animal.

Rules for Your Service Animal in D.C.

The ADA and Washington, D.C. law prohibit public accommodations from charging a special admission fee or requiring you to pay any other extra cost to have your service animal with you. However, you can be asked to pay for any damage your animal causes.

The ADA allows a public accommodation to exclude your service animal if it poses a direct threat to health and safety. For example, the facility can ask that you remove your dog if it's aggressively barking and snapping at other customers.

Under the ADA and D.C. law, a public accommodation doesn't have to admit an animal that's not housebroken. The ADA also allows your animal to be barred if it's out of control and you're unable or unwilling to control it effectively.

Under District law and the ADA, staff at a public accommodation can't ask you about your disability or demand to see certification, identification, or other proof of your animal's training or status. If it isn't apparent what your service animal does, D.C. law and the ADA permit the establishment to ask

• whether your animal is a service animal, and
• what tasks the animal performs for you.

These are the only questions permitted under the ADA. (28 CFR § 35.136(f).) District law also allows an establishment to ask whether your animal is required for your disability and whether your animal is housebroken. (D.C. Code § 7–1002(d).)

Service Animals and Emotional Support Animals in D.C. Housing

Federal fair housing and Washington D.C. equal access laws protect the rights of people with disabilities to have equal access to housing and require housing providers to allow service animals.

Service Animals Under District Equal Access Laws

The District of Columbia's disability rights law requires landlords to allow full and equal access to housing for people with mental and physical disabilities and their service animals. D.C. law doesn't allow landlords to charge extra for a service animal, but you must pay for any damage your animal causes. The District's equal access housing law doesn't cover emotional support animals. (D.C. Code § 7–1006.)

D.C. housing providers can require only the following:

• that you provide verification from a physician or other healthcare provider that you meet the District's definition of someone with a mental or physical disability, and
• that you demonstrate a connection between your disability and the function provided by your service animal.

Landlords must give you at least 30 days to provide the required documentation. They can't ask for more details about the nature or severity of your disability or require you to describe it in determining whether you're eligible for the rental.

Assistance Animals Under the Fair Housing Act

The federal Fair Housing Act (FHA) prohibits discrimination in housing accommodations against those with "assistance animals." Under the FHA, you must be allowed full and equal access to all housing facilities.

The Fair Housing Act requires housing facilities to make reasonable accommodations for people with disabilities, and having an assistance animal in your home is considered a reasonable accommodation. So, if your lease or rental agreement includes a "no pets" provision, it doesn't necessarily apply to your assistance animal.

Federal housing discrimination laws include service dogs and emotional support animals, if necessary for someone with a disability to have an equal opportunity to use and enjoy the home. To fall under these provisions, you must have both of the following:

• a disability, and
• a disability-related need for the animal.

In other words, the animal must perform tasks or services or alleviate the emotional effects of your disability.

Unlike ADA rules, the FHA allows housing providers to ask for documentation of your disability and your need for the assistance animal, but only if they aren't apparent. For instance, a blind person can't be asked to show disability documentation or the need for a guide dog. But a landlord could ask a blind person to document the need for an emotional support cat.

The FHA prohibits your landlord from charging you extra for having a service animal or ESA (but you can be required to pay for any damage your animal causes).

However, federal law allows housing providers to exclude assistance animals that pose a threat to the health and safety of other people or property and that can't be reduced using another reasonable accommodation. But your animal should only be excluded based on evidence of the animal's actual conduct, not its size or breed.

Get more information about assistance animals in housing from the Department of Housing and Urban Development (HUD).