Support & Service Animals
Service animals and emotional support animals are not pets. They are allowed to go places that other animals are not, including places with “no pet policies.” These animals provide important supports for people with disabilities and are protected by state and federal laws.
Under Wisconsin law any type of animal can be a service animal or emotional support animal.
Service Animals
Under Wisconsin law, a service animal is any animal trained, or being trained, to do a specific task for the benefit of a person with a disability. This differs from the Americans with Disabilities Act definition, which is limited to dogs and miniature ponies. Service animals are permitted in housing, employment, and anywhere the general public can go.
Under state law it is discrimination to:
- Deny entry, housing, or other services to a person with a service animal.
- Deny full and equal enjoyment to a person with a service animal.
- Charge a higher rate or deposit because of the service animal.
- Attempt to detour patronage, providing false information about the availability of housing or imply that a person with a disability, a service animal, or service animal trainer is not welcome.
- Fail to provide reasonable accommodations or modifications of policies, practices, and procedures.
- Separate the service animal from the handler.
Public Places
If a service animal is accompanied by a trainer and not a person with a disability, the trainer may be asked to provide documentation from the training school when the animal is in public. A person with a disability who is training or who benefits from the work of a service animal does not have to provide documentation.
Property owners may identify service animals by asking only these questions:
- Is the animal required because of a disability?
- Is the animal trained or in training?
Property owners may not ask questions about a person’s type of disability, or the type of work performed by the service animal. Service animals do not require any documentation or certification.
Under limited circumstances, a property owner can deny the ability to keep a service animal if:
- The animal is not under the handler’s control. If you have concerns about the animal, speak directly to the handler and let the handler attempt to address the concerns. If the handler is not able to gain control of the animal, only then may you ask that the handler remove the animal.
- The animal is not housebroken.
- The animal poses a direct threat to health or safety that cannot be reduced or eliminated with other accommodations.
A property owner may not deny access to a service animal based on the type of animal, breed, or past experiences. If an individual is asked to remove a service animal, they must be offered accommodations that would enable them to access programs and services.
Housing
Service animals are exempt from “pet policies” in housing. Housing providers may request documentation from a tenant if the person’s disability or their disability-related need for the animal is not readily apparent or known.
Housing providers may not ask questions about a person’s type of disability, or the type of work performed by the service animal.
Under limited circumstances, a housing provider may deny a service animal if they can demonstrate:
- It would impose an undue financial and administrative burden or would fundamentally alter the nature of services,
- The specific animal would pose a direct threat to health and safety that cannot be reduced or removed with other accommodations, or
- The specific animal would cause substantial physical damage to property that cannot be reduced or removed with other accommodations.
Emotional Support Animals
Emotional support animals provide comfort and support to a person with a disability but are not trained to perform specific tasks. Emotional support animals are not allowed in public places unless the business has agreed to provide a reasonable accommodation. Emotional support animals are allowed in housing, and in some circumstances, on airplanes.
People who use emotional support animals may be asked to provide documentation that they have a disability and that they have a disability-related need for the animal. This documentation can come from any licensed health professional. Property owners are not entitled to information about the type of disability someone has or how they benefit from the animal.
Under state law it is discrimination for a property owner to:
- Refuse to rent or sell housing because of a support animal.
- Evict a person because they have an emotional support animal.
- Charge a higher rate or deposit because of a support animal.
- Attempt to detour patronage or imply that a person with a disability or emotional support animal is not welcome.
- Fail to provide reasonable accommodations or modifications of policies, practices, and procedures.
- Separate the animal from the owner.
Under limited circumstances a property owner can deny the ability to keep a support animal if:
- The person is not able to provide documentation that states they have a disability-related need for the animal.
- The animal would impose undue financial burden or would fundamentally alter the services.
- The animal poses a direct threat to health or safety that cannot be reduced or eliminated with other accommodations.
- The animal would cause substantial physical damage that cannot be reduced or eliminated with other accommodations.