September 24, 2012
ADSA: AFH #2012-016
Reasonable accommodation and Non-discrimination for service animals
Dear Adult Family Home Provider:
We recently heard of a home that had a "no pets" policy that refused to admit a person with a service animal. This letter will tell you about state and federal laws and rules for reasonable accommodations and non-discrimination of residents who use a service animal.
- A service animal is not a pet.
- The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1974 allow a disabled person to request a reasonable accommodation for a service animal.
- RCW 49.60.222 requires a home to reasonably accommodate a person with a disability who uses a trained guide dog or service animal.
- RCW 49.60.218 does not allow a home to charge extra for a person with a service animal.
Please see these internet links to federal and state laws and rules:
- Federal requirements for service animals https://www.ada.gov/service_animals_2010.htm
- Americans with Disabilities Act of 1990, as amended - https://www.ada.gov/pubs/ada.htm
- Non-discrimination for use of service animal
http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.222
- Unfair practice - http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.218
- Misdemeanor for interference - http://apps.leg.wa.gov/rcw/default.aspx?cite=9.91.170
- Freedom from discrimination - http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.030#
- Exercise of resident rights - http://apps.leg.wa.gov/rcw/default.aspx?cite=70.129.020#
- Reasonable accommodation - http://apps.leg.wa.gov/rcw/default.aspx?cite=70.129.010
The enclosed information sheet about reasonable accommodations and non-discrimination is also available on the internet at https://www.dshs.wa.gov/altsa/residential-care-services/information-adult-family-home-providers.
Please contact your local RCS Field Manager if you have any questions.
Sincerely,
Joyce Pashley Stockwell, Director
Residential Care Services
Enclosure: Information Sheet