fake service dog We have all seen cute dogs in places we never use to see them. Owners have discovered that they can skirt rules saying “no pets” by buying a vest and getting an online certification claiming the animal is an Emotional Support Animal (ESAs). This puts association boards in the difficult position of policing owners who want a pet in violation of the CC&Rs. In Washington State, there’s a clear distinction between service animals and emotional support animals. However HUD has a slightly different view. The key difference lies in training and legal protections:
Service Animals:
    • Training: A service animal is a dog (or sometimes miniature horse) that is individually trained to perform specific tasks to assist people with disabilities. These tasks could include helping someone with vision impairments navigate, retrieving dropped items, or mitigating the effects of seizures.

    • Legal Protections: Service animals are protected under the Americans with Disabilities Act (ADA) and Washington State Law. This means they can accompany their handler in all public places (restaurants, stores, transportation) and cannot be denied entry.

  • Emotional Support Animal (ESA):
    • Training: ESAs don’t require any specific training. They provide comfort and emotional support to people with mental or emotional disabilities.

    • Legal Protections: ESAs are not protected under the ADA or Washington State Law. They are, however, protected under the Fair Housing Act (FHA) under HUD. This means associations cannot discriminate against owners/ tenants with ESAs and must allow them in “no-pet” housing under certain conditions. However, ESAs don’t have guaranteed access to public places like service animals. Their allowance depends on the specific business or organization’s policies.

  • Verification of Disability and Service/ ESA Animal Status:
    • While an association can request documentation to verify a resident’s disability and need for a service animal, HUD regulations restrict the type of information they can request. They cannot inquire about the nature or severity of the disability. Documentation will need to come from a Washington State licensed medical provider. Beware that these certificate can be purchased online for a fee.
Prior to being confronted with this issue associations that have a no pet rule should develop a policy to cover this. Dog Owners should be aware that in Washington State there can be civil penalties for trying identify your animal as a service animal. Since there are both state and federal rules/ guidelines I recommend you have the association lawyer write up the policy.