In the United States, service animals are protected by the Americans with Disabilities Act (ADA), which guarantees individuals with disabilities the right to bring their service animals into places of public accommodation. However, when it comes to vacation rentals, the issue of whether a property owner can deny a service dog can be a bit more complicated.
What is a Service Dog?
According to the ADA, a service animal is defined as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability”. This includes dogs that assist individuals with physical, sensory, psychiatric, intellectual, or other mental disabilities.
Can a Vacation Rental Deny a Service Dog?
The answer to this question depends on whether the vacation rental is considered a place of public accommodation under the ADA. If it is, then the property owner cannot deny access to an individual with a service dog.
However, if the vacation rental is not considered a place of public accommodation (for example, if it’s rented out by an individual rather than a company), then there are some situations in which the property owner may be able to deny access to an individual with a service dog.
When Can a Property Owner Deny Access?
If allowing the service dog would fundamentally alter the nature of the vacation rental or pose an undue burden on the property owner, then they may be able to deny access. For example, if someone rented out their vacation home and had severe allergies that made it impossible for them to allow dogs on their property without significant medical consequences. In this case, they may be able to deny access even if it’s for someone with a legitimate service animal.
It’s also important to note that emotional support animals (ESAs) are not considered service animals under the ADA. While ESAs provide emotional support and comfort for those who have them, they do not have specialized training like service animals do. Therefore, vacation rental owners are not legally required to allow ESAs on their property.
What Should You Do If Your Service Dog is Denied?
If you’re traveling with a service dog and are denied access to a vacation rental, there are several steps you can take. First, make sure to explain that your dog is a service animal and is protected under the ADA. Provide any necessary documentation if requested.
If the property owner still refuses to allow your service dog, you can file a complaint with the U.S. Department of Justice (DOJ) or contact an attorney who specializes in disability rights.
Conclusion
In conclusion, vacation rentals may be able to deny access to service dogs in certain situations, but only if they are not considered places of public accommodation or if allowing the service dog would fundamentally alter the nature of the rental or pose an undue burden on the property owner. If you’re traveling with a service dog and are denied access, be sure to assert your rights under the ADA and take appropriate action if necessary.