Did You Hear…Many States Are Fed Up With Imposters Who Claim To Be Disabled So They Can Have An “Assistance Animal”!  by Elaine Simpson of Occupancy Solutions LLC 

Many states have implemented laws making it illegal for a person to falsely claim to have a disability to be able to have an animal in their apartment.  Depending on the state, law breakers can be subject to jail, fines, community service, etc.  There are three general categories that exist for animals who typically accompany people in settings beyond those of your average pets: emotional support animals; therapy animals; service animals.

Emotional Support Animals or “ESAs” may or may not be specially trained, but their purpose is to provide comfort for someone with a documented mental health condition.

Therapy Animals are typically evaluated and registered through an agency. Their purpose is to provide emotionally therapeutic value to those in need. Therapy animals have no additional rights under the Americans with Disability Act (ADA), but facilities that do not typically allow pets, such as hospitals and schools, may permit them to visit through various therapy programs.

Service Animals have been specially trained to perform tasks that their owner could not sufficiently perform on their own. For example, they may offer direction to a blind person walking in a busy street, or pick a specific fallen item off the ground for a person in a wheelchair. These animals are not required by law to wear vests, and under the ADA, a business may only ask two questions of the owner: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform.  Legally speaking, only dogs and miniature horses may be considered service animals under ADA.  

The Fair Housing Act (FHA) applies to virtually all forms of housing, whether for sale or rent.  Under the FHA, a person with a disability can request an accommodation to be allowed to have an assistance animal.  Even if a lease says “no pets” or restricts pets (types, breeds, size), landlords are required to make what is called a “reasonable accommodation” to allow animals who serve as assistance animals, which includes animals who provide emotional support.  Assistance animals are in a different legal classification than pets that are not assistance animals, which is why pet restrictions and fees are waived for them.  They also do not need to be individually trained or certified.  Assistance animals are animals that work, assist and/or perform tasks and services for the benefit of a person with a disability or provide emotional support that improves the symptoms of a disability.

For all of the above and regular pets, businesses have the right to expect the animal to be restrained (typically leashed except in cases where the disability prevents this) and not pose a threat to health or safety to other residents. This includes not only disruptive behavior, such as growling or jumping on people, but also acts that demonstrate the animal is not housebroken.

Following is a summary of the consequences of fraudulent representation in various states:

First, remember, per US Federal ADA and Fair Housing laws, Service Dog handlers must be disabled. If a person does not have a disability, then that person does not qualify for a Service Dog, period. There are no exceptions.

California – Fraudulent Representation  Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment..  West's Ann. Cal. Penal Code § 365.7  

Colorado – Fraudulent Representation   A person shall not falsely impersonate an individual with a disability. Violation is Class 1 petty offense.  C.R.S.A. § 18-13-107   Effective January 1, 2017 18-13-107.7 was added for intentional misrepresentation of a service animal.  (1) A person commits intentional misrepresentation of a service animal if:  a) The person intentionally misrepresents an animal in his or her possession as his or her service animal or service-animal-in-training for the purpose of obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.; b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent a service animal; c) The person knows that the animal in question is not a service animal or service-animal-in-training.  (2) A person who violates subsection (1) of this section commits a class 2 petty offense and, upon conviction, shall be punished as follows:  a) For a first offense, a fine of twenty-five dollars; b) For a second offense, a fine of not less than fifty dollars but not more than two hundred dollars; and c) For a third or subsequent offense, a fine of not less than one hundred dollars but not more than five hundred dollars. (3) A  A defendant may petition the district court of the district in which any conviction records pertaining to the defendant's first conviction for intentional misrepresentation of entitlement to an assistance animal, as described in subsection (1) of this section, are located for the sealing of the conviction records, except for basic identifying information.  (b) If a petition is filed pursuant to paragraph (a) of this subsection (3) for the sealing of a record of conviction for intentional misrepresentation of entitlement to an assistance animal, the court shall order the record sealed if the following criteria are met:  (I) The petition is filed;  (II) The filing fee is paid or the defendant has filed a motion to file without payment with a supporting financial affidavit and the court has granted the motion;  (III) The defendant's first conviction for intentional misrepresentation of entitlement to an assistance animal was at least three years prior to the date of the filing of the petition; and (IV) The defendant has not had a subsequent conviction for intentional misrepresentation of entitlement to an assistance animal.  (c) An order entered pursuant to this subsection (3) must be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this subsection (3), the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order and shall pay to the bureau any costs related to the sealing of his or her criminal conviction records that are in the custody of the bureau unless the court has granted the motion specified in subparagraph (II) of paragraph (b) of this subsection (3). Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed.  (4) A written finding made pursuant to section 12-36-142(1)(a), 12-38-132.5(1)(a), or 12-43-226.5(1)(a), C.R.S., is an affirmative defense to the offense established by this section. The lack of such a finding is not proof of the offense established by this section, and nothing in this section or in sections 12-36-142, 12-38-132.5, or 12-43-226.5, C.R.S., limits the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.  (5) As used in this section, unless the context otherwise requires:  (a) “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended or section 504 of the federal “Rehabilitation Act of 1973”, 29 U.S.C. sec. 794, as amended.  (b) “Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.  (c) “Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq.  (d) “State and federal law” includes section 24-34-803, C.R.S., the federal laws specified in paragraph (a) of this subsection (5), and rules and regulations implementing those laws.

Florida – Fraudulent Representation   A person who knowingly and willfully misrepresents herself or himself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal commits a misdemeanor of the second degree and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months.   West's F. S. A. § 413.08

Idaho – Fraudulent Representation   Any person, not being a disabled person or being trained to assist disabled persons, who uses an assistance device or assistance dog in an attempt to gain treatment or benefits as a disabled person, is guilty of a misdemeanor.  I.C. § 18-5811A

Kansas – Fraudulent Representation  It is a Class A non-person misdemeanor for any person to:  1. represent that such person has the right to be accompanied by an assistance dog or that such person has a right to be accompanied by a professional therapy dog.  2.  represent that such person has a disability for the purpose of acquiring an assistance dog unless such person has such disability) .  K. S. A. 39-1112

Maine – Fraudulent Representation   A person who knowingly misrepresents as a service animal any animal that does not meet the definition of “service animal” commits a civil violation.  A person who knowingly misrepresents as an assistance animal any animal that does not meet the definition of “assistance animal” commits a civil violation.  Misrepresentation includes but is not limited to:  Creating and providing false documents; Fitting an animal with a harness, collar, vest or sign when the animal is not a service animal; Falsely representing animal as a service animal.  For a civil violation under this section, a fine of not more than $1,000 for each occurrence may be adjudged.  17 M. R. S. A. § 1314-A

Michigan -  Fraudulent Representation   A person shall not falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place.  Violation is a misdemeanor punishable by one or more of the following:  imprisonment for not more than 90 days; a fine of not more than $500; community service for not more than 30 days.   MCL 752.61 - 63    A new law allows people to report violations by telephone to the Dept. of Civil Rights who may then refer to local law enforcement. MCL 752.64

Missouri – Fraudulent Representation   Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act (ADA) is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation.  Any second or subsequent violation of this section is a class B misdemeanor.  V. A. M. S. 209.204

Montana – This state tried to create a law in 2017 but it was tabled on 3/22/17 and the proposed law died in standing committee on 4/28/17.  Fraudulent representation of assistance animals would have been a misdemeanor with a fine of not less than $50 and not more than $500 and if convicted, a person may have been required to perform community service.

Nebraska – Fraudulent Representation   A person commits unlawfully using a white cane or guide dog if not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog.  Unlawful use of a white cane or guide dog is a Class III misdemeanor.    Neb. Rev. St. § 28-1313

Nevada -  Fraudulent Representation   Any person other than a person who is blind, deaf, or a person with a physical disability who uses a service animal is guilty of a misdemeanor.   N.R.S. 426.510    Also, it is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training. Person is guilty of a misdemeanor and shall be punished by a fine of not more than $500. N.R.S. 426.805

New Hampshire -   Fraudulent Representation   It is unlawful for any person to fit an animal with a collar, leash, vest, sign, or harness of the type which represents that the animal is a service animal, or service animal tag or to request a service animal tag if in fact said animal is not a service animal.  Violators are guilty of a misdemeanor.  N.H. Rev. Stat. § 167-D:8  N.H. Rev. Stat. § 167-D:10

New Jersey -  Fraudulent Representation  Any person who fits a dog with a harness of the type commonly used by blind persons to represent that such dog is a guide dog when not trained as a guide dog shall be fined not less than $100 and not more than $500.  N. J. S. A. 10:5-29.5

New Mexico -   Fraudulent Representation   A person shall not knowingly present as a qualified service animal any animal that does not meet a definition of “qualified service animal” pursuant to Section 28-11-2 NMSA 1978.  Violation is a misdemeanor.  N. M. S. A. 1978, § 28-11-6

New York – Fraudulent Representation   It shall be a violation for any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag.  McKinney's Agriculture and Markets Law § 118

North Carolina -  Fraudulent Representation    It is unlawful to disguise a dog as an assistance dog.  Violation of this section shall be a Class 3 misdemeanor.   N.C.G.S.A. § 168-4.5

Texas – Fraudulent Representation   A person who uses an assistance animal with a harness or leash of the type commonly used by persons with disabilities to represent that his or her animal is a specially trained service animal when not trained as such, is guilty of a misdemeanor.  It is punishable by a fine of not more than $300 and 30 hours of community service.  V. T. C. A., Human Resources Code § 121.006

Utah -  Fraudulent Representation   A person is guilty of a class B misdemeanor if:  (a) the person intentionally and knowingly falsely represents to another person that an animal is a service animal as defined in Section 62A-5b-102;  or (b) the person knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal as defined in Section 62A-5b-102.   U.C.A. 1953 § 62A-5b-106

Virginia – Fraudulent Representation   In 2016, Virginia enacted a law that makes it a class 4 misdemeanor to knowingly and willfully fit a dog with a harness, collar, vest or sign, or use an ID card commonly used by a person with a disability, to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog.   VA Code Ann. § 51.5-44.1

Washington – Fraudulent Representation   It shall be unlawful for any pedestrian who is not totally or partially blind, hearing impaired, or otherwise physically disabled to use a dog guide/service animal in any of the places, accommodations, or conveyances listed for the purpose of securing the rights and privileges accorded by the chapter to totally or partially blind, hearing impaired, or otherwise physically disabled people.  West's RCWA 70.84.060

For assistance with assistance and education on the Fair Housing Laws please contact Occupancy Solutions 800-865-0948 today.