Question about ADA(Americans with Disabilities Act)?
We were just wondering if under the ADA a hotel can charge a deposit on a service dog. Thanks.
We are in New York. Would someone provide a link to a source for me please?
- KirstenLv 710 years agoFavorite Answer
The ADA is a federal law. It applies in all states. Even if a state law said hotels and motels could charge a deposit, it would be overridden by the ADA. They cannot charge a deposit, but they can charge for damages caused by the service animal. They cannot, however, charge an extra cleaning fee unless it was something above and beyond normal use. For example, if an animal toileted on carpet staining it, or if they washed the dog in the tub and left a mess, the owner might be charged for that.
From the U.S. Department of Justice, the government agency charged with regulating and enforcing the Americans with Disabilities Act:
"People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal."
"7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?"
"A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage."
If you have a question that is not covered in the documents above, you can call the Department's toll free ADA information line at:
800 - 514 - 0301 (voice)
800 - 514 - 0383 (TTY)Source(s): I'm a disability advocate.
- Lawyer XLv 710 years ago
No. A service dog is not a "pet." It's treated like an assistive device--the same as a wheelchair. And a surcharge can't be imposed for reasonable accommodations, such as allowing service dogs.
The ADA is federal law, so it doesn't matter what state you are in. Here's a resource. See question 7: http://www.ada.gov/qasrvc.htmSource(s): Disability rights lawyer
- Anonymous10 years ago
I don't think so but that might depend on the state
- Anonymous10 years ago
Dogs do not get the same priviledges