Q: Can I legally be changed a pet fee for using my service animals for my disabilities?
I have resided in a hotel for over four months and about 3 wks into our stay I presented the registration to the mhr of the hotel. I had to wait for an approval to bring them with me. On Monday got the ok. So 3months and 3 wks later the mgr come to us stating I could not have them and I will have to pay a pet fee of $20 per pet per day. I know I have read the laws and such off of the gov websites he can not change a pet fee only that damage's to the room but I can not find the actual final stand on the 2010 Ada and fha docs to print and give to him. If I don't have legal rep of some type by Sunday we will be homeless. Call or the codes or statue's I can't give him to reference I won't have a place. Any help would be great please
A:
No, you cannot be charged a pet fee or pet cleaning fee for using a service animal. You are correct that the only fee that can be charged is for any damage caused by the service animal. You cannot be asked to remove your service animal unless it is out of control or is not housebroken. A service animal is not a pet. Service animal means 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, psychiatric, intellectual, or other mental disability. (There are also a provision for miniature horses who also serve as service animals.) See, 28 CFR 35.136 at https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-B/section-35.136.
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register at https://www.federalregister.gov/documents/2010/09/15/2010-21824/nondiscrimination-on-the-basis-of-disability-by-public-accommodations-and-in-commercial-facilities. You could give this overview as a reference resource at https://www.ada.gov/service_animals_2010.htm. See also the FAQs at https://www.ada.gov/regs2010/service_animal_qa.html.
You can also call the ADA Information Line at 800-514-0301 (Voice) and 800-514-0383 (TTY) and speak with an ADA Specialist.
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