What Rights Do Service Animals and Their Owners Have Under Nevada Law?
By Jennifer Braster, Esq.
It is not uncommon that with age individuals will experience more health issues and potential disabilities. With that, there may be a greater need for service animals, leading to questions as to what rights individuals with service animals have in both places of public accommodations and when seeking housing under Nevada law.
What is a “Service Animal”?
The use – or some would say abuse – of emotional support animals has been a hot topic in recent years. However, “emotion support” animals should not be confused with “service animals” under Nevada law, which directly relate to the use of a dog (or miniature horse) due to a disability. Specifically, Nevada law defines a “service animal” as “any dog [or miniature horse] that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” NRS 426.097; 28 C.F.R. § 104.
A Person May Bring a Service Animal Into Places of Public Accommodation So Long as the Animal Behaves
Under Nevada law, places of public accommodation must allow a person to bring a service animal into that business. NRS 651.075. Notably, based on Nevada law, that animal could only be a dog or miniature horse. The place of public accommodation cannot charge an additional fee or deposit for the service animal, but if the animal is out of control and the person cannot take effective action to control the animal or if the animal poses a direct threat to the health or safety of others, the place of public accommodation may request the person remove the animal. NRS 651.075(2)(b). If the service animal damages the location, the person accompanying the service animal is liable for those damages. Id.
Further, when a service animal accompanies someone, the owner should be mindful that under Nevada law, the only questions the business may ask regarding the animal is “[I]f the animal is a service animal or animal in training” and “[w]hat tasks the animal is trained to perform or is being trained to perform.” NRS 651.075(2)(a). Nevada law substantially limits the inquiries that places of public accommodation may ask. It is important for individuals, especially senior citizens, to understand what businesses may or may not ask when traveling with a service animal.
Nevada Law Permits Landlords to Require Proof That an Animal Is a Service Animal
Unlike businesses, which are limited in the questions they can pose of an individual traveling with a service animal, landlords may require proof of a “service animal.” While a landlord may not refuse to rent a dwelling to a person with a disability because of that person’s service animal, the landlord can require proof that the “animal assists, supports or provides service to the person with a disability.” NRS 118.105(2). The requirement may be satisfied by a statement from a healthcare provider that the animal “performs a function that ameliorates the effects of the person’s disability.”
Complaints for violations of this law may be made to the Nevada Equal Rights Commission. Again, it is important for senior citizens to understand what landlords may or may not require to rent to a person with a service animal.
Nevada law provides fairly comprehensive protections to individuals with service animals. However, on the other hand, Nevada law does limit what type of animal may be a service animal, i.e. only a dog or miniature horse. Thus while a business or landlord may often times not refuse to allow a service dog or miniature horse, they can certainly prohibit “service” cats, ferrets, or even pigs, as these types of animals do not exist under Nevada law.
This article was originally published in the in Communiqué, the official publication of the Clark County Bar Association. (March 2018). Click here to view the full article.