Service Animals in Housing and Public Accommodations

General Requirement

The Maine Human Rights Act requires that housing providers and places of public accommodation make reasonable accommodations in their rules, policies, or practices when necessary to give a person with a disability an equal opportunity to use and enjoy the housing or place of public accommodation. Generally, this means that housing providers and businesses must allow service animals on the premises.

Definition of a Service Animal

The Maine Human Rights Commission’s regulations define a “service animal” as any animal that has been prescribed for an individual with a disability or has been individually trained to assist the person with a disability. Many other terms may be used to identify a service animal, such as assistive animal, therapy animal, guide dog, or emotional support animal. In order to be protected, however, the animal must be prescribed or individually trained. For example, a service animal might be trained to guide a person with a visual impairment or help balance a person who has difficulty walking. A service animal also might be prescribed by a psychologist to provide companionship for a person with depression. These are just a few examples, and service animals may be prescribed or trained for many different reasons. Service animals also may be any species (e.g., monkey, bird) and are not limited to dogs and cats.

Identification

It is not necessary for a service animal to have a special identification card, be certified, be registered, or wear a harness or collar identifying it as a service animal. Some service animals have these characteristics, but they are not required in order for a service animal to be covered under the Maine Human Rights Act.

Permissible Questions

A place of public accommodation may ask whether an animal is a service animal and whether it is necessary for a disability. Generally, the business cannot ask about the nature of the person’s disability or for documentation supporting the service animal. This is to protect the privacy of the person with a disability and because people often do not have documentation available showing that the animal is prescribed or individually trained.

A housing provider, however, may ask about the nature of the disability if it is not obvious and for some evidence that the service animal has been prescribed or trained. Evidence of training may be shown by demonstration. The reason more questions are allowed in housing than in public accommodations is because the relationship with a housing provider is usually longer, and the housing provider has the right to verify that the service animal is covered by the Maine Human Rights Act.

Terms of Use

The person with a service animal should be afforded the same experience on the same terms as other customers or tenants without service animals. This means that the person should not be isolated or removed from the normal usage areas of the housing accommodation or business. For example, it would be unlawful for a store to allow a person with a service animal to shop only in certain areas. It would also be unlawful for an apartment owner to designate specific apartments for tenants with service animals.

A person with a service animal should not be charged extra fees associated with the animal. For example, a taxi driver cannot charge a “pet fee” for a service animal to ride in the taxi. A housing provider cannot impose an additional security deposit for a service animal, even if it charges such a fee for pets. Remember, a service animal is not a pet; it is an aide that allows the person with a disability an equal opportunity to use and enjoy the housing or business. Housing providers and businesses may charge for damage caused by service animals, however, if it is the normal practice to charge for damage.

Removal

A service animal may be removed from the premises if it is a direct threat to the health or safety of others or if it fundamentally alters the nature of the business or housing. It is permissible to remove a service animal if it is interfering with the experience of others. A dog that barks during a movie, for example, or nips at customers, can permissibly be removed. Generally, a service animal cannot be removed only due to a fear of animals or because of allergies. If the allergies themselves constitute a disability, then accommodations for both should be made, such as keeping the service animal away from the person with allergies.

REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION

Public Accommodations

Service animal means any animal which has been prescribed for an individual with a disability by a physician, psychiatrist, or psychologist, and any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Me. Hum. Rights Comm’n Reg. § 7.01.

General. A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. Me. Hum. Rights Comm’n Reg. § 7.16(a)

(1) General. Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. (2) Care or supervision of service animals. Nothing in this Chapter requires a public accommodation to supervise or care for a service animal. Me. Hum. Rights Comm’n Reg. § 7.16(c).

Housing

Reasonable accommodations.

It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit, including public and common use areas. Me. Hum. Rights Comm’n Reg. § 8.06(C).

COMMISSION INFORMATION