Service Animal Guide for Commercial Landlords in Seattle
What is a Service Animal?
A Service Animal can be any breed of dog or a miniature horse that is specially trained to do work or perform tasks for the benefit of an individual with a disability. The disability can be physical, sensory, psychiatric, intellectual, or mental. See RCW 49.60.040. There is no course or certificate required to demonstrate whether a Service Animal has been trained pursuant to RCW 49.60.040. It is generally agreed that the training needs to be more than obedience training or positive reinforcement. A Service Animal must have training that sets it apart from a family pet. The training must also be specific to the handler’s disability. This disqualifies most emotional support animals, comfort animals, and therapy dogs from being considered Service Animals. 28 CFR § 35.104. A Service Animal is not a pet. A commercial pet’s policy will not apply to a Service Animal.
What is a Dog Guide?
A Guide Dog is a type of Service Animal that is specifically trained to guide the blind or assist the hearing impaired. RCW 49.60.214.
Which animals can be Service Animals in Washington?
Any dog or miniature horse can be a Service Animal. There are no dog breed restrictions for Service Animals in Washington state.
Commercial Guidelines
Service Animals are allowed in places of public accommodations with multiple tenants in common areas and spaces that are generally open to the public, including bathrooms. Washington is one of few states that imposes a fine ($500) for misrepresentation of an animal as a service animal. If an animal has been brought to commercial property and there is reason to believe it is being misrepresented, an Enforcement Officer as defined under RCW 7.80.040 may investigate and enforce RCW 49.60.214. An Enforcement Officer can be the police or the management of a commercial property. A business acting as an Enforcement Officer may only ask two questions:
A business can ask if the animal is required because of a disability.. This can be as direct as, is the animal a pet or a service animal? If the answer is no, or the animal is a pet, the business can choose to exclude the animal from the commercial property.
A business can ask what work or task the animal is trained to do. For example, what is this animal trained to do for your disability? The answer to this question will determine whether the business needs to allow the animal on commercial premises. As discussed above, emotional support and comfort do not qualify as tasks of a Service Animal.
A business cannot:
Ask what a person’s disability is.
Ask that the animal demonstrate its tasks or duties.
Charge an accommodation fee or additional deposit for a Service Animal.
Require documentation of certification, licensing, or training.
Request proof of a disability or a doctor’s note.
Ask the customer about the nature, extent, or cause of a disability.
Outcomes:
If the handler of the animal refuses to answer, the animal can be excluded.
If the handler discloses their disability but refuses to state what task the animal is trained to do for them, the animal may be excluded.
If the handler provides documentation or a certificate that the animal is a service animal, but neither the handler nor document can explain what task the animal is trained to perform, the business can exclude the animal. (There is no federal or state service animal registry or certification process. Many such certifications can be purchased on the Internet.)
If the handler answers that the animal has basic obedience training (sit, stay, come, lie down, etc.) but does not specify a task related to a disability, the animal can be excluded.
If the handler answers that the animal provides emotional support, comfort, help with anxiety or depression, or something similar and that the animal is not trained to do a task or provide a service, the animal can be excluded.
Common Service Animal Tasks:
The following are some of the many services that Service Animals may be trained to perform:
Guide services
Assist with balance or mobility
Alert them to conditions (physical or situational)
Pick up or carry items
Reminder to take medication
Get help in an emergency
Stabilize during a seizure
Redirect attention from a trigger
If you have questions or issues regarding service animals in your commercial properties, the attorneys at Holmquist and Gardiner would be happy to help.
*This article is not applicable to residential properties. This article is directed towards commercial properties.
