SPEAKER 1: Hello, welcome to ask about the ADA. The podcast where we answer your questions about the Americans with Disabilities Act and how it applies to your everyday life. On this week's episode, we have two questions about service animals. Let's jump right into things.
I'm a person who uses a wheelchair and I travel with my service dog, Max. I see airlines now require a form to be filled out and sent back at least 48 hours in advance. I've downloaded and completed the form but I don't see where to send or email it for approval.
Well, this is actually not an ADA question. Instead, this comes under the Air Carrier Access Act. The Department of Transportation has amended its rule recently in 2020 for the air Carrier Access Act. Airlines can require travelers with disabilities using service animals to complete the service animal air transportation form. This is a one page form that includes such information as the handler's name, the service dogs name, contact information for the handler, description of the service dog itself, information about whether or not it has had its rabies vaccine and when that was, as well as other general information.
The form also verifies that the handler, the person with a disability, understands and acknowledges their responsibilities and rights as air travelers with a service animal. Now, while this form is actually produced by the Department of Transportation, it actually is sent to the individual airline on which someone is going to travel.
An airline might also require a service animal relief attestation form. Now, this is a form that not all air travelers have to complete. It's a form for when a segment of a trip will last longer than eight hours. The information on this form is already collected by airlines but the Department of Transportation has standardize what the form must be. And again, this second form also would go to the airline itself.
Here's our second question. I was told by my apartment complex management that I would need a doctor's note to take my emotional support animal into any common areas like the laundry room, is this correct? The answer here is yes. There are a couple of things are important to keep in mind. First of all, emotional support animals are not protected under the Americans with Disabilities Act. Rather, we are talking about an emotional support animal in this case.
Also, since this is a housing situation, we are looking at the Fair Housing Act. Under the Fair Housing Act, providers must make reasonable modifications to policies, practices, and procedures to ensure that residents with disabilities have an equal opportunity to enjoy and use a dwelling. A common reasonable modification is to allow for an emotional support animal even if there's a no pets policy.
In this case, the housing provider is correct. They can require medical documentation that a person has a disability and that the animal, the dog, is needed because of that disability. This is one of those instances where you really have to look at what are you exactly talking about, service animal versus an emotional support animal. And what law might apply. Again,
Because we're looking at an apartment complex, we are most likely looking at the Fair Housing Act rather than the Americans with Disabilities Act.
Well that's it for this edition of Ask about the ADA. If you have questions about service animals, emotional support animals, or any other ADA related topic, please reach out to us at the Northeast ADA Center. You can visit our website Northeastada.org. You can call us at 1800-949-4232. Or look for us on social media and reach out to us that way.
You can find us on Instagram, on Twitter, on LinkedIn, and on Facebook. Thanks Degrease Fairchild, our producer for our show and editor. Thanks as well to Peter Quinn of the Yankton Institute's media team for doing additional editing. And thank you always for listening. And let's continue the conversation.
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