SERVICE ANIMALS
Know The Law On
Service And Assistance Animals
I
f you’re responsible for a condominium
association, you may want to
familiarize yourself with the laws
surrounding service and assistance
animals. Those with disabilities may
be entitled to utilize these animals by law,
but in your role as association manager, you
also have a duty to ensure a safe and quiet
environment for other residents.
Atlas Insurance recently hosted a panel of
experts attended by condominium owners
and managers to discuss issues surrounding
service dogs and assistance animals. The
panel was created to represent a variety of
viewpoints and included Ken Nakasone,
Attorney; Francine Wai, Executive Director
of the Disability and Communication
Access Board; Senator Richard Ruderman;
and Loren Lasher, a volunteer with Hawaii
Fi-Do.
The panel began by discussing the
difference between “service animals”
and “assistance animals.” A service dog
is defined in HRS section 347-2.5 as “any
dog that is individually trained to do
work or perform tasks for the benefit of
an individual with a disability, including
a physical, sensory, intellectual or other
mental disability.” State and federal law (i.e.,
the Americans with Disabilities Act) allow
for only dogs and miniature horses to be
used as service animals.
When it comes to assistance animals, the
Hawaii Civil Rights Commission provides a
broader definition, simply as “animals that
work, assist, or perform tasks for the benefit
of a person with a disability”—including
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the provision of emotional support. An
assistance animal does not have to be a
dog either—cats, birds, rabbits, and other
“comfort animals” can also fall under this
umbrella.
All requests for service and assistance
animals must have credible verification
from a treating healthcare professional,
mental health professional, or social
worker. The individual providing the
certification must state that the claimant
is disabled and that the prescribed animal
provides help to the individual, which may
include emotional support. To protect the
individual’s privacy, the provider is not
required to identify the specific disability
involved or the specific tasks the animal
performs.
To maintain a positive living environment
for all involved, the condominium
association should have an enforceable set
of house rules that help clarify behaviors
that are not allowed, such as excessive
barking or aggressive behavior. These rules
should be enforced consistently to ensure
that other residents are not burdened by
unnecessary noise or disruption due to the
service animal.
The panel presentation was followed by
an engaging question and answer session
in which participants had the opportunity
to find out more information relevant
to their particular situation. Attendees
received a copy of sample house rules and
indemnity agreements to use as a basis for
developing their own supplemental rules
and regulations around this issue.
If your association needs any guidance
with issues related to service or assistance
animals, please contact Ryan Robertson,
Atlas Business Development Manager.
Please contact Ryan Robertson, AOAO
Business Development Manager, at
[email protected] or 808-
533-8631.
RYAN ROBERTSON
ATLAS INSURANCE AGENCY
Ryan Robertson has been working
in the insurance industry for nearly
two decades, including ownership
of a successful multiline insurance
agency
in
Oregon.
Robertson
holds a Bachelor of Science degree
in Business Administration and
Human Resource Management with
a minor in Communications from
Southern Oregon University.
He
holds a Chartered Leadership Fellow
designation through the American
College of Financial Services, served as
Board Trustee for the Asante Hospital
Systems Foundation and was a past
volunteer with Junior Achievement.