Can a hotel charge you for an emotional support dog? This is a question that often arises when individuals with emotional support animals (ESAs) plan their travels. Emotional support dogs, unlike service animals, are not protected under the Americans with Disabilities Act (ADA), which means hotels may have different policies regarding their accommodation. In this article, we will explore the legal aspects, potential charges, and what you can do if you encounter such a situation.
Emotional support dogs are prescribed by mental health professionals to help individuals with emotional or mental disabilities. These animals provide comfort, companionship, and stability to their owners. However, the lack of federal protection for ESAs can lead to confusion and misunderstandings when it comes to their accommodation in hotels.
Legal Aspects
The Fair Housing Act (FHA) and the Air Carrier Access Act (ACAA) are the primary laws that protect individuals with ESAs. Under the FHA, landlords and housing providers must allow ESAs to live with their owners, even if they have a no-pets policy. Similarly, the ACAA requires airlines to accommodate ESAs on flights, as long as they are trained and the owner provides documentation.
However, the ADA does not explicitly cover ESAs in hotels. This means that hotels are not legally required to provide the same level of accommodation as they would for service animals. As a result, some hotels may charge additional fees for ESAs, while others may not allow them at all.
Potential Charges
If a hotel does choose to accommodate an emotional support dog, they may charge additional fees. These fees can include a pet deposit, a pet fee, or a cleaning fee. The amount of the fee can vary depending on the hotel and the length of the stay.
It is important to note that hotels cannot refuse to accommodate an ESA based on breed, size, or weight. However, they may impose restrictions on the number of ESAs allowed per room or require that the dog be leashed at all times.
What to Do if You Encounter a Fee
If you are charged a fee for your emotional support dog at a hotel, there are a few steps you can take:
1. Request documentation: Ask the hotel to provide you with a written policy explaining their reasoning for the fee. This can help you understand their position and determine if it is legally justified.
2. Negotiate: If the fee is excessive or seems unfair, try to negotiate a lower amount or request an alternative accommodation.
3. File a complaint: If you believe the hotel is violating the FHA or ACAA, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the U.S. Department of Transportation (DOT).
Conclusion
While hotels are not legally required to accommodate emotional support dogs under the ADA, they may still choose to do so. If they do, they may charge additional fees, which can be frustrating for ESA owners. However, it is important to remember that the FHA and ACAA still provide some level of protection for ESAs. By understanding your rights and being prepared to negotiate or file a complaint, you can ensure a smoother travel experience for both you and your emotional support dog.
