New law could affect people who use service animals

Nov. 07--House Bill 3282 was approved by Governor Mary Fallin on May 7, 2018 and went into affect on Nov. 1 giving landlords a right to request proof of disability for tenants with an assistance animal.

According to the Oklahoma legislature, an assistance animal is any animal specifically trained or equipped to perform tasks, assistance or emotional support to benefit a person with a disability or related need for support.

Suzanne Harvey, DVM, of H-Bar-H Veterinary Hospital in Buffalo said, "I see good and bad in it. It is for landlords only, no other places of business are covered. It protects landlords from someone trying to get past a no pets policy in renting and has some damage recovery for the landlord. But then I think about the retired/past military heroes that have a tough time getting a VA appointment in a timely fashion to get documentation of a disability such as PTSD or a disability that is 'not readily apparent.'"

Harvey said she has talked with several veterans that had cats as assistance animals to help calm them.

The Americans with Disabilities Act (ADA), under the Fair housing Act states both public and privately-owned housing are obligated to permit a reasonable accommodation to animals providing emotional support or assistance to persons with disabilities.

HB 3282 gives landlords in Oklahoma a right to request reliable documentation to verify the necessity for an assistance animal. The documentation should determine the needed accommodations and relationship to the person's disability. The law also exempts landlords from liability regarding injuries by the assistance animal. If a tenant is found out to have made false claim or provided fraudulent information, a landlord may evict them and be awarded court costs, fees and any damages up to $1,000.

The law also permits a person with a disability to submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling.

Kathryn Fogleman of Laverne is hearing impaired. Her service dog, Pilot, can often be seen accompanying her around the Woodward area. She is concerned this law's focus is wrong.

"I know plenty of people who have proof of disability that still take their untrained pet with them, just because they don't want to make the effort to select and train a real service dog," Fogleman stated. "Proof of disability just hammers the people who can't (or in my case, don't want to) show proof of disability."

Service animals are not required to be registered as a service animal but must be vaccinated and licensed, subject to the same state, county and city laws as other animals.

The U.S. Department of Justice Civil Rights Division explains, "People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program."

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