Delaware Laws on Service Dogs and Emotional Support Animals

Delaware state law and the federal Americans with Disabilities Act (ADA) protect the rights of people with disabilities to bring their service animals into public places like grocery stores, restaurants and bars, hotels and motels, theaters and stadiums, and parks and zoos.

Below, we explain which animals qualify as service animals in Delaware, where service animals are allowed, and some rules you may need to follow with your service animal. We'll also discuss how state and federal laws treat emotional support animals (ESAs).

What Counts as a Service Animal in Delaware?

Until recently, Delaware state law defined a service animal as a dog trained to assist someone with a physical disability. In 2018, state lawmakers amended Delaware's Equal Accommodations Law to bring it in line with the ADA and cover service animal rights for all disabilities.

The law now defines a service animal as a dog individually trained to perform work or tasks for the benefit of someone with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. (Del. Code tit. 6, § 4502(26).)

Under the ADA, a service animal is a dog (or miniature horse) that's trained to perform disability-related tasks for the benefit of a person with a physical or mental disability. (28 C.F.R. § 36.104.) Examples of service animals that must be allowed into public accommodations under the ADA and Delaware law include:

• psychiatric service animals, which help their handlers manage mental and emotional disabilities by taking actions such as:
• 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 guard their handlers during seizure activity
• allergen alert animals, which let their handlers know of foods or other substances that could be dangerous (such as peanuts)
• hearing dogs, which alert their handlers to important sounds, such as alarms and doorbells, and
• guide dogs, which help those who are blind or visually impaired navigate safely.

Emotional Support Animals and Delaware Public Accommodation Laws

Under the ADA's public accommodations law and Delaware state law, emotional support animals (ESAs) don't qualify as service animals. ESAs are animals (of any species) that provide a sense of safety, companionship, and comfort to people with psychiatric or emotional conditions.

Although emotional support animals often have therapeutic benefits, they don't meet the definition of service animals under these laws because they aren't trained to perform specific tasks for their handlers. So, public accommodations in Delaware don't have to admit your ESA.

But federal housing laws do offer protection for having your emotional support animal in your home. (More on this below.)

How Are Public Accommodations Defined in Delaware?

Delaware's Equal Accommodations Law defines public accommodations as any place that:

• caters to the general public
• solicits patronage from the public
• offers facilities, goods, or services to the public, or
• offers accommodations to the public.

Delaware law includes state and local agencies, public libraries, and state-funded agencies performing public functions. It also covers hotels and motels that cater to travelers and others booking short-term stays. But it doesn't apply to the sale or rental of:

• houses
• housing units
• apartments
• rooming houses
• other dwellings, or
• vacation rentals with less than 10 units, like a bed-and-breakfast or Airbnb short-term rental. (Del. Code tit. 6, § 4502(19).)

The ADA sets out a long list of private entities that qualify as public accommodations to which you can bring your service animal, including:

• hotels and other lodging establishments
• public transportation, including terminals, depots, and stations
• restaurants and other places that serve food and drink
• gyms, bowling alleys, parks, and other places of exercise or recreation
• libraries, museums, and educational institutions
• social service centers, like senior centers, homeless shelters, and food banks. (42 U.S.C. § 12181(7).)

Both Delaware law and the ADA exempt religious institutions, like churches, temples, and mosques. The ADA also exempts private clubs, except in areas open to the general public. (28 C.F. R. § 36.102(e).)

What Are the Rules for Service Animals and ESAs in Public Accommodations in Delaware?

Under Delaware law and the ADA, people with disabilities can bring service animals to any public accommodations. Neither law requires public accommodations to admit emotional support animals or pets. Public accommodations in Delaware must comply with both state and federal law.

Under the ADA, 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, the establishment can ask you only whether it is a service animal (as opposed to an ESA), and what tasks it performs for you.

The ADA prohibits public accommodations from charging a special admission fee or requiring you to pay any other extra cost to have your service animal with you. But you can be charged for any damage your animal causes if the accommodation ordinarily charges other individuals for damage they cause. (28 C.F.R. § 35.136(h).)

The ADA allows a public accommodation to exclude your service animal if it poses a direct threat to health and safety. For example, your dog can be kicked out if:

• it's aggressively barking and snapping at other customers
• It isn't housebroken, or
• it's out of control and you can't get it under control.

Under Delaware's Equal Accommodations Law, public accommodations must allow people with disabilities to be accompanied by service animals. And that protection extends to service animals in training. (Del. Code tit. 6, § 4504(3).)

The state law doesn't address charging extra for service animals, when your service dog can be excluded, or whether your animal must always be by your side. It also doesn't cover emotional support animals, so public accommodations in Delaware aren't required to admit them.

But Delaware's White Cane Law provides some rules for guide dogs used by people who are blind or partially blind. Under this law, public accommodations must admit your guide dog without charging extra fees. But you're financially responsible for any damage your animal causes. And, your guide dog can be excluded if admitting it would create a clear danger of disturbance or physical harm to others. (Del. Code tit. 16, § 9502(c).)

The state Department of Health and Social Services will issue your guide, lead, or seeing-eye dog a metal dog license tag or other form of identification (like a microchip or tattoo) at no charge. (Del. Code tit. 16, § 3042F(e).) But state law doesn't require guide dogs or other service dogs to have special tags, collars, vests, or leashes.

Does Delaware Allow Assistance Animals in Housing?

In Delaware, federal and state laws protect disability rights in housing, including your right to have an "assistance animal" in your home. But the laws vary in coverage.

Delaware's White Cane Law requires landlords to allow guide dogs in rental housing for tenants who are fully or partially blind. Your landlord can't charge you extra for having a guide dog, but you can be required to pay for any damage your dog causes. (Del. Code tit. 16, § 9505(d).) But the White Cane Law doesn't address other types of service dogs or emotional support animals.

Delaware's Fair Housing Law prohibits discrimination in selling or renting housing based on disability. The law requires landlords and others to make reasonable accommodations in policies and practices for those with disabilities. (Del. Code tit. 16, § 4603A(a)(2).) Although the law doesn't address service animals or ESAs specifically, having an emotional support animal might be a reasonable accommodation if you need the animal to have an equal opportunity to use and enjoy the home.

Fortunately, the federal Fair Housing Act (FHA) prohibits discrimination in housing accommodations against those who use assistance animals.

Federal Laws on ESAs in Rentals

Under the FHA, "assistance animals" include service animals and emotional support animals, and housing facilities must allow both. To fall under this provision, you must have:

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

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

Under the FHA, you and your ESA or service animal must be allowed full and equal access to all housing facilities, and your landlord can't charge extra for having an assistance animal (although you might have to pay for damage your animal causes). If your lease or rental agreement includes a "no pets" provision, it doesn't apply to your assistance animal.

A housing provider can ask you to provide a letter from your health care provider verifying your disability and your need for the assistance animal—but only if it isn't apparent. So, your landlord can ask you to document your need for an emotional support cat, but can't ask a blind tenant to prove the need for a guide dog.

(For more information, see the Department of Housing and Urban Development's assistance animals page at HUD.gov.)