Service Animals in Places of Business

BOMA San Francisco Members:

We've received a few questions from members regarding service animals in commercial buildings and places of business.  Please click here for the United States Department of Justice (DOJ) Technical Assistance document that addresses common questions regarding service animals; and here for California's definition of service animals and additional resources.

The following are other specific issues to consider in response to some of the questions/comments we've received:

• You can have a 'no pets' policy, but you must exempt service animals from the policy. A formal policy  that someone must 'check-in' their animal might be precarious. It's common to see signage that says 'No Pets Permitted' with 'Service Animals Permitted' in smaller type below.
• As the DOJ notes, you are permitted to ask if an animal is a 'service animal required because of a disability,' although you are prohibited from having an official policy of demanding proof that the animal is trained or certified.  The DOJ document does appear to leave a little wiggle room if an employee wanted to bring their animal on a regular basis, you might be permitted to ask them to provide the documentation (assuming some exists) in some reasonable time frame. 
• Service animal versus 'companion' animal: The DOJ's common questions regarding service animals explains the current definition and scope. An animal that solely provides 'companionship' does not appear to meet the current definition. However, with the development of a recent DOJ rule to adopt new guidelines--which have yet to be issued--there is the possibility of expanding the scope of both animals covered, and the types of  'service' they might provide. There is no clear answer as to how the DOJ will interpret the language.
• Regarding tenant safety and possible damages: On an animal-by-animal basis, you are permitted to exclude an animal that is a 'direct threat' to the health and safety of others. However, you can’t 'pre-judge' an animal. If any animal does cause any damage, you are permitted to seek payment assuming you would also seek payment from any customer/occupant who directly caused damage.
• California law addresses service animals under Civil Code Section 54.1(6) through 54.1(7)(b).  The law states that service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.