ESA Vs. Service Animal Distinctions 2 — Questions and Answers
Question 1: Under the ADA, which of the following tasks would qualify a dog as a service animal rather than an ESA?
- Providing comfort during anxiety attacks
- Detecting a drop in blood sugar and alerting the handler (Correct answer)
- Sleeping next to someone with depression
- Being present during therapy sessions
Correct answer: Detecting a drop in blood sugar and alerting the handler
Service animals must perform a specific, trained task directly related to the handler's disability, such as medical alert work.
Question 2: Which law primarily governs ESA access rights in rental housing?
- The Americans with Disabilities Act (ADA)
- The Fair Housing Act (FHA) (Correct answer)
- The Air Carrier Access Act (ACAA)
- The Rehabilitation Act of 1973
Correct answer: The Fair Housing Act (FHA)
The Fair Housing Act requires landlords to make reasonable accommodations for ESAs in housing, regardless of no-pet policies.
Question 3: A landlord with a strict no-pets policy receives an ESA request. What is the landlord legally required to do?
- Deny the request because the no-pet policy applies equally to all
- Engage in an interactive process and make a reasonable accommodation if valid documentation is provided (Correct answer)
- Allow the ESA only if it is a dog or cat
- Charge a pet deposit before allowing the ESA
Correct answer: Engage in an interactive process and make a reasonable accommodation if valid documentation is provided
Under the FHA, landlords must consider reasonable accommodation requests for ESAs and cannot flatly deny them based on a no-pet policy.
Question 4: Which statement best describes how the ADA treats ESAs in places of public accommodation?
- ESAs have full access rights identical to service animals
- ESAs are not covered by the ADA for public access rights (Correct answer)
- ESAs may enter if the handler has a letter from a licensed therapist
- ESAs are permitted in restaurants but not retail stores
Correct answer: ESAs are not covered by the ADA for public access rights
The ADA does not grant ESAs access to public accommodations; only trained service animals performing specific tasks are covered.
Question 5: A hotel refuses entry to a guest's ESA, citing no-pet policy. Is this generally lawful?
- No, hotels must accept all ESAs under the ADA
- Yes, hotels are not required to admit ESAs under the ADA (Correct answer)
- No, the FHA requires hotels to admit ESAs
- Yes, but only if the ESA is over 25 pounds
Correct answer: Yes, hotels are not required to admit ESAs under the ADA
Hotels are places of public accommodation covered by the ADA, which does not extend access rights to ESAs.
Question 6: What two questions may ADA-covered businesses legally ask someone claiming to have a service animal?
- Is the animal required because of a disability, and what work or task has it been trained to perform? (Correct answer)
- What is your disability, and do you have a doctor's note for the animal?
- Is the animal certified, and has it passed a public access test?
- Is the animal registered, and what breed is it?
Correct answer: Is the animal required because of a disability, and what work or task has it been trained to perform?
Under the ADA, businesses may only ask if the animal is required due to a disability and what task it performs; they cannot demand certification or medical documentation.
Question 7: How does species eligibility differ between service animals and ESAs under federal law?
- Both are limited to dogs only
- Service animals under the ADA are limited to dogs (and miniature horses); ESAs can be various species (Correct answer)
- ESAs are limited to dogs; service animals can be any species
- Both can be any domesticated animal
Correct answer: Service animals under the ADA are limited to dogs (and miniature horses); ESAs can be various species
The ADA limits service animals to dogs and, in some cases, miniature horses, while ESAs may include a wider range of animals under the FHA.
