Author: Andrea Miller
Reviewed By: Catherine Braxton

Assisted living buildings aren’t required to allow emotional support animals. However, these communities must allow service animals under the Americans With Disabilities Act. A service animal has specialized training to perform a beneficial task directly related to the person’s disability. The owner must maintain shots and checkups as well as control and clean up after their service animal.

What is a service animal under the ADA?

The ADA defines a service animal as a trained dog or miniature horse. The animal must be able to do a specific action for the person who has a disability when needed. For example, a service dog might keep someone with epilepsy from harm during a seizure or let someone who has diabetes know when their blood sugar reaches an unhealthy level. 

It’s important to distinguish a service animal from an emotional support animal. An emotional support animal doesn’t have specific, task-based training. Unlike a service animal, it doesn’t perform a disability-focused action to help its owner. Instead, the person derives general emotional and physical benefits from pet ownership, such as lower levels of stress and depression.

When does assisted living have to allow a service animal?

Assisted living has to allow a trained service animal that your physician has deemed medically necessary. You must document the specific assistance tasks the animal provides. When you’ve chosen an assisted living community that doesn’t allow pets, request reasonable accommodation. Under the Fair Housing Act, a facility must fulfill this type of request when someone has a disability unless doing so creates a severe hardship.

Failure to make reasonable accommodation in this situation could lead to discrimination charges. The center shouldn’t deny your request because of breed, weight, size or other pet requirements. If assisted living doesn’t allow your service animal, file a discrimination claim with the Department of Housing and Urban Development. In addition, consider filing a complaint with the agency handling housing discrimination and disability rights in your state. Unfortunately, you don’t have legal recourse if assisted living denies your request to allow an emotional support animal.