As a hotel owner or operator, you may have wondered whether you can charge guests for bringing their service animals with them. In this article, we will explore the legal framework surrounding service animals and hotels, including the Americans with Disabilities Act (ADA), and discuss whether hotels can charge fees for service animals. can a hotel charge for a service dog?
Definition of Service Dog
A service dog is a specially trained animal that performs tasks to assist an individual with a disability. These tasks may include guiding a blind person, alerting a deaf person to sounds, pulling a wheelchair, or providing emotional support to a person with a psychiatric disability.
Understanding the ADA
The ADA is a federal law that prohibits discrimination against individuals with disabilities. Title III of the ADA specifically addresses public accommodations, including hotels. Under Title III, hotels must provide individuals with disabilities equal access to their goods and services.
Title III of the ADA
Title III of the ADA requires hotels to make reasonable modifications to their policies, practices, or procedures to ensure that individuals with disabilities have equal access to their goods and services. This includes allowing service animals in hotel rooms and common areas.
Definition of Disability
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or working.
Service Animal Provisions
Service animals are protected under the ADA and must be allowed in hotels and other public accommodations. Hotels may not charge extra fees for service animals.
Exclusion of Emotional Support Animals
Emotional support animals are not considered service animals under the ADA and are not afforded the same protections. Hotels may choose to allow emotional support animals but are not required to do so.
Hotel Requirements under the ADA
When it comes to accommodating service animals, hotels are subject to certain requirements under the Americans with Disabilities Act (ADA). These requirements ensure that guests with disabilities are able to enjoy equal access to the hotel’s services and amenities. Let’s take a look at some of the key requirements that hotels must meet.
Accessible Accommodations
Hotels must provide accessible accommodations for guests with disabilities. This means that the hotel’s rooms and other facilities must be designed and constructed in a way that makes them accessible to people with mobility impairments, such as those who use wheelchairs. The ADA provides specific guidelines for accessible design, and hotels must comply with these guidelines in order to ensure that their facilities are accessible to guests with disabilities.
Reasonable Modifications
In addition to providing accessible accommodations, hotels must also make reasonable modifications to their policies, practices, and procedures in order to accommodate guests with disabilities. For example, if a guest with a disability requires an accessible room with a roll-in shower, the hotel may need to modify its reservation system to ensure that such a room is available for that guest.
Effective Communication
Hotels must also ensure that they are able to communicate effectively with guests with disabilities. This means that the hotel must provide appropriate auxiliary aids and services, such as sign language interpreters or captioning services, to ensure that guests with disabilities are able to access and understand the hotel’s services and amenities.
By meeting these requirements, hotels can ensure that they are providing equal access to their services and amenities for all guests, including those with disabilities who rely on service animals for assistance.
Potential Fees and Charges
While hotels are required to allow service animals in guest rooms and public areas at no extra charge, there are some limited circumstances where a hotel may charge a fee related to a service animal. These fees may include:
Damage Fees
If a service animal causes damage to a guest room or public area, the hotel may charge the guest for the cost of repairs or cleaning beyond normal wear and tear. This does not apply to damage caused by the guest’s disability.
Cleaning Fees
If a service animal causes excessive soiling or shedding in a guest room or public area, the hotel may charge the guest for additional cleaning costs beyond what would be typical for a non-service animal.
Pet Fees
Hotels may charge a pet fee if a guest brings a pet that is not a service animal. However, hotels may not charge a pet fee for a service animal.
Training Fees
Hotels may not charge a fee for the training or certification of a service animal.
It’s important to note that fees related to service animals should be reasonable and based on actual costs incurred by the hotel. Additionally, hotels should provide notice to guests about any potential fees related to service animals prior to the guest’s arrival.
By understanding the potential fees and charges related to service animals, hotels can ensure that they are providing appropriate accommodations while also protecting their property and resources.
Case Law on Service Animal Fees
Landmark Cases
Over the years, there have been several landmark cases that have helped to shape the interpretation of the ADA as it pertains to service animals and fees. One such case is the 1996 case of Arline v. School Board of Nassau County. In this case, the court ruled that an individual with a disability should not be excluded from a public accommodation, such as a school, due to the presence of a service animal. The court also ruled that accommodations must be made for the service animal at no additional cost to the individual with the disability.
Another important case is the 2003 case of Chevron U.S.A. Inc. v. Echazabal. While not specifically related to service animals, this case reinforced the importance of accommodating individuals with disabilities in the workplace. The court ruled that an employer could not refuse to hire an individual with a disability based on concerns about the individual’s health or safety if the individual was able to perform the essential functions of the job with or without reasonable accommodations.
Interpretation of the ADA
The Department of Justice (DOJ) is responsible for enforcing the ADA, and it has issued guidance related to the use of service animals in public accommodations such as hotels. The DOJ’s guidance makes it clear that hotels must allow service animals in guest rooms and public areas at no additional charge. The guidance also states that hotels may not charge fees for the training or certification of a service animal.
Additionally, the DOJ’s guidance provides examples of acceptable and prohibited inquiries that hotel staff may make related to service animals. For example, it is acceptable for hotel staff to ask whether a service animal is required because of a disability and what tasks the animal has been trained to perform. However, it is not acceptable for hotel staff to ask about the nature or severity of the individual’s disability or to require documentation of the animal’s training or certification.
Alternative Accommodations
In some cases, it may not be possible or feasible for a hotel to accommodate a guest with a service animal. However, hotels must still make an effort to provide alternative accommodations that meet the needs of the guest. For example, the hotel may be able to provide a room on a different floor or in a different section of the hotel that is more suitable for the guest and their service animal.
Restrictions on Service Animals
While hotels must generally allow service animals in guest rooms and public areas, there are some restrictions that may apply. For example, if a service animal is out of control or not housebroken, the hotel may ask that the animal be removed from the premises. Similarly, if a service animal poses a direct threat to the health or safety of others, the hotel may exclude the animal from the premises.
Other Options
In some cases, hotels may be able to provide other options for guests with disabilities that do not involve a service animal. For example, the hotel may be able to provide assistive technology or other devices that can help the guest with their daily activities. Alternatively, the hotel may be able to provide a personal assistant or caregiver to assist the guest during their stay.
Legal Consequences for Noncompliance
Hotels that do not comply with the ADA regulations regarding service animals may face legal consequences. This section will discuss the fines and penalties that can be imposed on hotels for noncompliance, as well as the possibility of lawsuits.
Fines and Penalties
The Department of Justice (DOJ) can impose civil penalties on hotels that violate the ADA. These penalties can be up to $75,000 for the first violation and up to $150,000 for any subsequent violation. Additionally, state or local laws may impose additional fines or penalties.
Lawsuits
Hotels can also face lawsuits if they violate the ADA regarding service animals. Individuals who have been denied access to a hotel with their service animal can file a complaint with the DOJ, and the DOJ can file a lawsuit against the hotel on their behalf. Additionally, individuals can file their own lawsuits against hotels that violate the ADA.
Best Practices for Hotels
To avoid fines, penalties, and lawsuits, hotels should follow best practices when it comes to service animals. This section will discuss some of these best practices.
Staff Training
Hotel staff should receive training on the ADA and the requirements for service animals. This includes understanding the difference between service animals and emotional support animals, acceptable and prohibited inquiries, and how to provide assistance to guests with service animals.
Written Policies and Procedures
Hotels should have written policies and procedures in place regarding service animals. These policies should be in compliance with the ADA and should include information on acceptable and prohibited inquiries, providing assistance to guests with service animals, and potential fees and charges.
Communication with Guests
Hotels should communicate clearly with guests who have service animals. This includes informing them of the hotel’s policies regarding service animals, providing information on accessible accommodations, and answering any questions they may have.
Conclusion
In conclusion, hotels are required to allow service animals to accompany guests with disabilities in all areas of the facility where the public is allowed. They cannot charge guests any fees or deposits for their service animals, nor can they require documentation, such as proof of certification or licensing for the service animal. However, hotels can charge guests for any damages caused by the service animal, and the hotel staff can ask certain questions regarding the service animal. It is important for hotels to understand their legal obligations under the ADA and to provide accessible accommodations, reasonable modifications, and effective communication for guests with disabilities.
Recap of Key Points
Service animals are defined as dogs that are trained to perform tasks for individuals with disabilities.
The ADA requires hotels to allow service animals to accompany guests with disabilities in all areas of the facility where the public is allowed.
Hotels cannot charge guests any fees or deposits for their service animals.
Hotels can charge guests for any damages caused by the service animal.
Hotel staff can only ask two questions regarding the service animal: whether the dog is required because of a disability and what tasks the dog has been trained to perform.
Emotional support animals are not considered service animals under the ADA, and hotels are not required to allow them to accompany guests.
Noncompliance with the ADA can result in fines, penalties, and lawsuits.
Final Thoughts
Hotels have a legal obligation to accommodate guests with disabilities, including allowing service animals to accompany them. By understanding the ADA requirements and providing accessible accommodations, reasonable modifications, and effective communication, hotels can provide a welcoming environment for all guests. It is important for hotel staff to receive training on how to interact with guests with disabilities and their service animals, and for hotels to have written policies and procedures in place to ensure compliance with the law. With the right approach, hotels can provide a positive and inclusive experience for all guests.
FAQs
What is a service animal?
A service animal is a specially trained dog or miniature horse that performs tasks for a person with a disability. These tasks can include guiding individuals with visual impairments, alerting individuals with hearing impairments, and providing assistance with mobility or other tasks.
Can a hotel refuse to allow a service animal?
No, hotels are not allowed to refuse to allow service animals on their premises. Under the ADA, service animals are considered working animals, not pets, and are therefore entitled to accompany their owners in all areas where the public is normally allowed to go.
Can a hotel charge a fee for a service animal?
No, hotels cannot charge a fee for a service animal. The ADA prohibits hotels from charging guests with disabilities any extra fees or deposits for their service animals.
What is the difference between a service animal and an emotional support animal?
A service animal is a specially trained animal that performs specific tasks for a person with a disability, while an emotional support animal (ESA) provides comfort and support to an individual with a mental or emotional disability. While service animals are protected under the ADA, ESAs are not, and hotels are not required to allow them on their premises.
What should I do if a hotel denies me and my service animal access?
If a hotel denies you and your service animal access, you should remind them of their obligations under the ADA and provide them with any necessary documentation regarding your service animal. If the hotel still refuses to allow your service animal, you may file a complaint with the Department of Justice or seek legal action against the hotel for discrimination.