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.

Update:

We are in New York. Would someone provide a link to a source for me please?

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  • 10 years ago
    Best 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."

    http://www.ada.gov/svcanimb.htm

    "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."

    http://www.ada.gov/qasrvc.htm

    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.
  • 10 years ago

    No.

    You can visit the ADA site and print out some informational briefs which state the law with regards to this issue.

    www.ada.gov/svcanimb.htm

    www.ada.gov/qasrvc.htm

    While the handler of a service dog is responsible for any and all damages that may be caused by the service animal to the premises, the handler cannot be charged any extra deposit simply because of the presence of the service animal.

    Source(s): Husband of Guide dog user and Guide dog puppy raiser
  • 10 years ago

    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.

    http://www.disabled-world.com/disability/servicean...

  • 10 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.htm

    Source(s): Disability rights lawyer
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  • Anonymous
    10 years ago

    You HAVE to be responsible for damage your dog may cause weather it's a dog for the disabled or not!!! YES!!! You don't get to cause damage in places and get away with it just becaue you're disabled!

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