Service animals, and the two questions

This is information, not legal advice. Petipedia is not a law firm and cannot tell you what to do about your own situation. Everything below names the body that published it so you can read the original. Where something depends on which state you are in, it says so, and you will need to check your own state or talk to a lawyer there.

Federal sources read on 16 September 2026.

Most arguments about service animals happen because the people arguing are under three different laws without knowing it. A shop, a home and a plane are each covered by a different one, and they do not say the same thing.

In a shop, a restaurant or a public building

Federal

This is the Americans with Disabilities Act, and its definition is narrow.

“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.”

28 CFR 36.104, Department of Justice

Dogs, and separately miniature horses. Not other species. And the Justice Department is blunt about comfort animals: “Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.”

The only two questions

When it is not obvious what the dog does, staff may ask two things and nothing else. Is the dog required because of a disability, and what work or task has it been trained to perform.

They may not ask what your disability is. They may not require papers, a certificate, an ID card or a vest. They may not ask the dog to demonstrate the task. Those limits are in the regulation itself, at 28 CFR 35.136 and 36.302.

A service animal can be asked to leave for only two reasons: it is out of control and the handler is not dealing with it, or it is not housebroken.

At home

Federal

Housing runs on the Fair Housing Act, not the ADA, and it has always been broader. It is not limited to dogs. HUD changed how it enforces this in 2026, which is covered on the renting page.

On a plane

Federal

A third law again. Since 11 January 2021 an airline has not had to treat a support animal as a service animal, and may charge for it as an ordinary pet. A service animal on a plane means a trained dog.

An airline may ask for two Department of Transportation forms, and may ask for them up to 48 hours before the flight. It may not charge a fee for the animal itself, may not refuse a dog on breed alone, and may not make you check in at the airport just because you have a service animal.

On a train or an intercity bus

Federal

“The entity shall permit service animals to accompany individuals with disabilities in vehicles and facilities.”

49 CFR 37.167(d), Department of Transportation

Amtrak says on its own site that a support animal is not a service animal under those rules.

Worth knowing before you argue with anyone

There is no federal register of service animals, and no federal certificate. Any website selling you one is selling you nothing. The Justice Department page below says this in as many words.

Which law applies depends on where you are standing. The same dog can be a service animal in a restaurant, something broader at home, and a pet on a plane, all on the same day.

Sources