Fake Service Animals are a Hot Topic in Real Estate
Dogs as pets are as American as apple pie. An impressive 55% of American households own at least one. But certain American residential buildings and communities do not permit ownership. Complaints range from noise, to shedding (causing cleaning crews to work longer hours at the expense of all the residents). But what about service dogs for physically or psychologically challenged people?
The Americans With Disabilities Act (ADA) affords exemptions to people who can prove a need. While some folks get exemptions due to the ADA, others who simply love their family dog, have resorted to extra-legal to means to deceive authorities and keep their beloved pet or purchase a new one.
An underground industry was born to circumvent the law. In recent years, the sale of counterfeit animal vests and credentials to misrepresent a pet as a service animal has flourished. According to the Florida Association of Realtors, this is a violation of the ADA.
But if the need for a service animal is real and can be proven, it is permitted under state law. According to NOLO.com, a legal services firm, “Under Florida’s service animal law, people with disabilities who have service dogs and other assistance animals are entitled to full and equal access to housing. Your landlord may not require you to pay extra to have a service animal, although you are liable for any damages your service animal causes to the property or to another person.”
In most states enforcement of existing laws has been lax. But some states have begun to tackle the issue of false certifications in a more serious way. In Hawaii, for example, as of 1/2/19, a new state law takes effect. A violation concerning counterfeit certification could result in a $500 fine.
And false certifications for service dogs often lead to serious consequences for the innocent. At times, falsely certified dogs have attacked a trained animal. When attacks like this occur, it often results in the disabled person becoming traumatized. And this is more common than it may seem.
For example, Canine Companions for Independence, a training school for service dogs, conducted a study recently. They found that 77% of service dogs had an encounter with a fraudulent service dog, with more than half of the service dogs bitten or seriously distracted from their duties.
Laws similar to Hawaii’s have passed in 20 states, so far. But according to the Florida Association of Realtors, “The laws tend to be all bark and no bite because ADA statutes that are meant to protect people with disabilities are also purposely vague.”
Also, fake service dogs, as they become more common, will put all service dogs under suspicion, engendering greater public scrutiny and, therefore, adding to the anxiety of those who are truly afflicted.
In terms of enforcement, things can get sticky. Service dogs, according to strict interpretation of the ADA law, are trained to provide a specific function for a disabled person (helping with balance, leading the sight impaired, etc.), while comfort or therapy dogs aid in loneliness or depression, but not actually supplying a specifically defined function. According to Francine Wai, Executive Director of the Hawaii State Department of Health’s Disability and Communication Access Board, “People mistakenly believe that comfort dogs and therapy dogs qualify as service dogs.”
But the problem arises with the ADA statute itself, as the law gets murky and seems to contradict itself. The ADA defines a service animal as being, “Individually trained to do work or perform tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual and mental disability. Here, the Hawaii law and the federal ADA law seems to be in conflict (as the federal law clearly is permitting pets for psychological comfort and aid)
It must be remembered that a person may have a disability which is not readily apparent. Many cities, for example, consider depression a serious disability. Many of these folks, especially if they live alone, find the company of a loving and supportive service dog quite literally, a life saver. They are often the only object of love for such a person suffering from depression and loneliness.
The only sensible solution seems to be to clarify the existing federal and state laws, and draw a sharp distinction between those who are truly in need, and those people who are flouting the law.