Can You Charge a Pet Fee for a Service Animal?

Service animals are types of working animals that provide life-changing support to the lives of those with disabilities. They are specially trained to perform tasks that ease symptoms and, due to the invaluable role they have, are protected under several federal and state laws in the US.

Whether you’re the owner of a service animal or are considering renting to an individual with a service animal, you may be wondering whether they’re exempt from typical pet fees. Today, we’ll answer whether you can charge a pet fee for a service animal and cover everything else you should know about them.

What Is a Service Animal?

A service animal is a working dog — or in some instances a miniature horse — that has been specifically trained to perform tasks that alleviate disability-related symptoms. The tasks they provide ultimately depend on their handler’s needs.

For example, an individual with a mobility disability may train their service animal to push their wheelchair, while an individual with a mental health disorder may train them to administer deep pressure therapy (DPT) in a time of crisis.

A service animal must stay by their owner’s side so that it can always perform their trained tasks uninterrupted and without delay. Due to the nature of this work, service animals are granted protections under several federal and state laws.

This includes the Americans with Disabilities Act (ADA), which grants them public access rights, and the Fair Housing Act (FHA), which provides additional housing privileges. They are also protected under the Air Carriers Access Act (ACAA) and receive reasonable accommodations when flying with their handlers.

Below, we’ll delve further into their rights and discuss whether standard pet restrictions, fees, and policies apply.

Can You Charge a Pet Fee for a Service Animal?

In short: No, you cannot charge a pet fee for a service animal. This is because under federal law, service animals are not classed as pets and are instead treated as working animals.

Charging a pet fee for a service animal would be a breach of the handler’s rights and would be classified as discrimination, which can come with some serious legal repercussions.

Service animals must be reasonably accommodated and are exempt from standard no-pet policies and pet-related fees, and this includes in housing, all modes of public transport, workplaces, and businesses like libraries, cafes, and hotels.

Here’s a breakdown of the main federal laws that exempt service animals from pet fees:

• ADA: Legislation was enacted to protect individuals with disabilities from discrimination. Service animals are granted public access rights, and businesses must accommodate them without charging additional fees.
• ACAA: Grants service animals travel rights when flying. Airlines must allow them to fly on board with their handlers for free. They are also exempt from breed, size, and weight limits.
• FHA: Prohibits discrimination in housing related to protected characteristics like disability. Landlords must grant service animals the right to live with their owners at no additional cost, even if their properties have no-pet policies. Service animals are also exempt from policies like breed restrictions and fees like pet rent.

Although service animals cannot be charged pet fees under federal law, there are some rare instances where they can be denied their rights.

When Can a Service Animal Be Denied Their Rights?

A service animal may be denied their rights if the following situations apply:

• They aren’t kept under their owner’s control
• They behave in a way that endangers others on the premises
• They aren’t housebroken or cause significant property damage
• Accommodating the animal poses an undue hardship on the landlord, business, employer, or entity
• Certain property types, such as buildings belonging to religious organizations, are exempt from the Fair Housing Act
• The animal cannot be feasibly (or safely) accommodated on the premises

That said, as legitimate service animals undergo stringent and intense training to ensure they can perform their role effectively, circumstances such as poor behavior aren’t likely to ever apply.

How Can I Find Out if a Service Animal Is Legitimate?

Despite the common misconception, there is no official documentation for service animals. Service animals also aren’t required to wear forms of identification (like service dog vests), nor are they required to be tethered if it interferes with their trained tasks.

Under the ADA, it is against the law to ask an individual if their service animal is real or demand that they prove their animal’s legitimacy. You can only legally ask the handler two questions to determine whether their animal is really a service animal:

1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?

The only true way to find out if a service animal is legitimate is to assess their behavior. Aggression, reactivity, or other forms of disruptive behavior are often telltale signs that the animal isn’t really a trained service animal.

Regardless of whether a service animal is legitimate, if the owner is not able to keep them under their control or they behave in a way that endangers others, businesses have the right to remove the animal from their premises.

Can You Charge a Pet Fee for a Service Animal: Quick Breakdown

In summary, according to the experts at US Service Animals, a service dog cannot be charged pet fees because they aren’t categorized as a pet under federal laws like the ADA. However, they may be denied their rights in certain instances, such as posing an undue hardship on the business, landlord, or entity.

It’s important to take the time to thoroughly research these federal laws to learn more about service animal rights and when these exceptions may apply. You should also familiarize yourself with your state’s specific laws, as some states grant service dogs additional protections, such as extending privileges to service dogs in training.

Frequently Asked Questions (FAQs)