A Comparative Study: Service Animals and Emotional Support Animals under the Fair Housing Act and the Americans with Disabilities Act & An Overview of Assistance Animal Laws of Select States, April 18, 2010

(2010) A Comparative Study: Service Animals and Emotional Support Animals under the Fair Housing Act and the Americans with Disabilities Act & An Overview of Assistance Animal Laws of Select States, April 18, 2010. Civil Rights Commission

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Abstract

The Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) prohibit discrimination on the basis of disability and govern the use of service or emotional support animals in places where pets may not be permitted. However, courts have been struggling with how to define and treat animals that qualify for protection under each law. This has created confusion as to what rights and duties are owed disabled persons and the animals that live with or accompany them. This essay attempts to clarify these two federal laws with regard to service or emotional support animals and the differing parties‘ rights and interests. It also includes an overview of select state laws that govern assistance animals of all types and our recommendations for enhancing the Iowa Civil Rights Act.

Item Type: Departmental Report
Keywords: Pets, Law, Service Animals, Civil Rights
Subjects: Business and industry
Business and industry > Trade and commerce
Laws and regulations
Social issues and programs > Civil and human rights
ID Code: 20679
Deposited By: Margaret Barr
Deposited On: 16 Nov 2015 20:39
Last Modified: 16 Nov 2015 20:39
URI: https://publications.iowa.gov/id/eprint/20679