(a) Expressly or impliedly represents that an animal is a service animal as defined in
RCW 49.60.040 for the purpose of securing the rights or privileges afforded disabled persons
accompanied by service animals set forth in state or federal law; and
(b) Knew or should have known that the animal in question did not meet the definition of
a service animal.
If someone falsely represents an animal as a service animal an enforcement officer may
investigate and enforce this law by making an inquiry of the person accompanied by the animal
in question and issuing a civil infraction.
An enforcement officer shall not ask about the nature or extent of a person's disability, but may
make two inquiries to determine whether an animal qualifies as a service animal: if the animal is
required because of a disability and what work or task the animal has been trained to perform.
An enforcement officer shall not require documentation, such as proof that the animal has been
certified, trained, or licensed as a service animal, or require that the service animal demonstrate
its task. Generally, an enforcement officer may not make these inquiries about a service animal
when it is readily apparent that an animal is trained to do work or perform tasks for a person with
a disability, such as a dog that is guiding a person who is blind or has low vision, pulling a
person's wheelchair, or providing assistance with stability or balance to a person with an
observable mobility disability.
If a person refuses to answer the allowable questions, then it is presumed that the animal is not a
service animal and the enforcement officer may issue a civil infraction and require the person to
remove the animal from the place of public accommodation.
Housing
The U.S. Department of Housing and Urban Development (HUD) is the federal agency in charge
of enforcing housing laws throughout the country, including anti-discrimination laws. In
Washington State, the Washington State Human Rights Commission enforces fair housing laws.
Under both the federal Fair Housing Act and the WLAD, a housing provider (including
landlords, property managers, and home owner and condominium associations) cannot
discriminate against persons with disabilities, and must reasonably accommodate persons with
disabilities. A reasonable accommodation could include an assistance animal for a person with a
disability; fair housing law does not have a training requirement for such animals. In order for a
person to have an assistance animal as a reasonable accommodation, the person must have a
disability, must request the animal as a reasonable accommodation for that disability, and must
be able to show that the animal is necessary because of the person’s disability, usually by
presenting a note or recommendation from a medical provider. Emotional support animals and
comfort animals would be included as a reasonable accommodation under fair housing laws.
Therefore, if a person with a disability has a guide dog, assistance animal, service animal or an
emotional support animal, that animal should be allowed into that person’s dwelling despite a
“no pets” policy. There should be no charge or “pet fee” for the service animal. Fair housing