As Fair Housing Defense blog readers are aware, the issue of questionable/fraudulent medical verifications for certain assistance animals has vexed both the professional apartment industry and airlines for some time now. In an effort to provide additional guidance for air travel, last week the U.S. Department of Transportation (DOT) published a final rule which provides that airlines “are not required to recognize emotional support animals as service animals and may treat them as pets.”
In short, the DOT decision means that while service dogs may continue to fly without paying a fee, emotional support animals do not receive the same level of protection under the law. The final rule defines a service animal as “a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a…