Cal. Code Regs. tit. 2 § 14331

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

Section 14331 - Assistance Animals

(a) Assistance animals include guide dogs, signal dogs, service dogs, service animals, and support animals as defined in section 14020(f).

(b) Individuals with disabilities are permitted to have service animals as defined in section 14020(f)(1) in all locations and facilities operated or controlled by covered entities. The only permissible questions that can be asked of an individual to determine if the animal is a service animal are:

1) "Are you an individual with a disability?" and

2) "What is the disability-related task the animal has been trained to perform?" It is not permitted to ask the individual with a disability to demonstrate the task.

(c) Individuals with disabilities who have a support animal as defined in section 14020(f)(2) may request a reasonable accommodation pursuant to section 14327 related to the individual's need for the support animal in all locations and facilities operated or controlled by covered entities. Requests may be denied if the animal creates an undue burden on the covered entity or constitutes a direct threat to others, as defined in section 14020(o) (definition of direct threat).

(d) Provisions applicable to all assistance animals as defined in section 14020(f) include:

(1) An individual with an assistance animal may also be covered by other legal obligations relating to assistance animals, such as the American with Disabilities Act, section 504 of the Rehabilitation Act, Civil Code sections 51, 54.1, 54.2. and 54.7, and the Fair Employment and Housing Act, which include additional requirements or prohibitions relating to assistance animals and may further restrict the nature and type of inquiry that may be made concerning assistance animals;

(2) An individual with an assistance animal shall not be required to pay any pet fee or other additional fee, including additional security deposit or liability insurance, in connection with the assistance animal;

(3) An individual with an assistance animal may be required to cover the costs of repairs for damage the animal causes to the premises, excluding ordinary wear and tear;

(4) An individual may have more than one assistance animal. Each animal must be individually determined to meet the requirements in this article. When an individual already has a support animal as a reasonable accommodation and requests an additional support animal as a reasonable accommodation, the person considering the subsequent request may consider whether the cumulative impact of multiple animals constitutes an undue burden or fundamental alteration;

(5) No breed, size, and weight limitations may be applied to an assistance animal (other than specific restrictions relating to miniature horses as service animals under the Americans with Disabilities Act);

(6) Reasonable conditions may be imposed on the use of an assistance animal to ensure it is under the control of the individual with a disability or an individual who may be assisting the individual with a disability, such as restrictions on waste disposal and animal behavior that may constitute a nuisance, so long as the conditions do not interfere with the normal performance of the animal's duties. For example, a leash requirement may interfere with the ability of a guide dog, signal dog, or service dog to assist an individual, in which case the animal may be under voice control or otherwise responsive. Similarly, a "no noise" requirement may interfere with a dog's job of barking to alert a blind individual to a danger, but incessant barking may violate reasonable restrictions relating to nuisance. Any such conditions may not be more restrictive than those imposed upon other animals on the property;

(7) Animal vests, identification cards, or certificates are not in and of themselves documentation of either disability or the need for a reasonable accommodation;

(8) An assistance animal need not be allowed if the animal constitutes a direct threat to the health or safety of others (i.e., a significant risk of bodily harm), as defined in section 14020(o) (definition of direct threat), or would cause substantial physical damage to the property of others, and that harm cannot be sufficiently mitigated or eliminated by a reasonable accommodation, pursuant to section 14327, including under the following provisions:

(A) A determination that an assistance animal as defined in section 14020(f) poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others must be based on an individualized assessment that relies on objective evidence that is sufficiently recent as to be credible about the specific animal's actual conduct, not on mere speculation or fear about the types of harm or damage an animal may cause or on evidence about harm or damage that other animals have caused.

(B) The assessment of whether the assistance animal as defined in section 14020(f) poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others must consider:

(i) the nature, duration, and severity of the risk of a direct threat to the health or safety of others or of substantial physical damage to the property of others;

(ii) the probability that a direct threat to the health or safety of others or substantial physical damage to the property of others will actually occur; and

(iii) whether there are any reasonable accommodations, pursuant to section 14327, that will eliminate the direct threat to the health or safety of others or substantial physical damage to the property of others, or sufficiently mitigate or eliminate the problems creating the direct threat.

(C) Relevant evidence in determining whether an assistance animal as defined in section 14020(f) imposes a direct threat includes whether there is evidence that the animal in question is currently engaging in dangerous conduct or has a recent history of overt dangerous acts, as described under Food & Agric. Code section 31601et seq. A dog that has been finally determined by a court of law to a be "potentially dangerous dog" or "vicious dog" pursuant to Food & Agric. Code section 31601et seq. shall presumptively be considered to pose a direct threat to the health or safety of others.

(9) If an individual with a disability is denied permission to have an assistance animal, the individual is still entitled to all the rights and privileges that otherwise would have been accorded the individual, so long as the individual no longer has the animal.

Cal. Code Regs. Tit. 2, § 14331

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136, 11130, 12920, 12921, 12926, 12926.1, 12927, 12955 and 12955.3, Government Code; and Sections 54.1 and 54.2, Civil Code.

1. New section filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).