Service Animal Laws

This article was last updated on August 27th, 2025

If you’re in a business, airport, or residential building with your service dog and need to know the law you can cite that protects you, this guide is for you. We’ll cover each of the major service dog laws in the United States that, together, give you the right to be accompanied by your service dog almost everywhere you go.

Public Access Rights Under the ADA

The Americans with Disabilities Act gives you the right to bring your service dog almost everywhere the public can go. Under the ADA, a service dog must be trained to perform a specific task for a person with a qualifying disability. If you meet these requirements, your service dog can go anywhere you can go. Restaurants, stores, hotels, buses, hospitals — if it’s open to the public, your dog can come. The only real exceptions are places where your dog might pose a safety issue, such as an operating room.

Under the ADA, staff can only ask you two things:

Is this a service dog?
What work or task is the dog trained to do?

They can’t ask about your disability, and they can’t demand papers, certificates, or registrations.

Housing Rights Under the Fair Housing Act

The Fair Housing Act is what gives you the right to live with your service dog at home. Your landlord’s no-pet policy doesn’t apply to service dogs. Neither breed restrictions nor size limits apply.

Landlords can’t demand special forms or annual updates for permanent disabilities. Just like under the ADA, they can ask you two questions:

Is the dog a service dog?
What work or task has the dog been trained to perform?

These rules apply almost everywhere, including apartments, condos, dorms, nursing homes, and even most house rentals. The only exceptions are owner-occupied buildings with no more than four units, and single-family houses sold or rented by the owner without the use of an agent.

Your landlord can’t charge ANY fees for your service dog. No deposit. No monthly pet rent. No cleaning fees. If they try raising your regular deposit after learning about your dog, that’s also not allowed.

Flying With Your Service Dog under the ACAA

The Air Carrier Access Act (49 U.S.C. § 41705) covers air travel rights for your service dog. Your service dog travels free in the cabin, and there are no breed restrictions or additional fees.

Airlines will require you to submit the DOT’s Service Animal Air Transportation Form to the airline prior to your flight. Check out our guide on how to fly with a service dog if you want to learn more about the process.

Service Animal State Laws

In addition to the federal laws we’ve covered, which protect you everywhere in the U.S., many states have passed their own service animal laws that give you additional protection. Many states add criminal penalties for people who hurt service dogs or falsely claim to have one. Others protect dogs still in training. Here’s what five major states offer:

California

California’s Disabled Persons Act (Civil Code §§ 54-55.32) provides the toughest protections anywhere. Under Civil Code Section 54.1, service dogs have the same rights as their handlers to enter any public place.

The money damages start high. If someone denies you access, courts award a minimum of $4,000 per incident under Civil Code Section 52. One restaurant that turned away a handler three times ended up paying $12,000 plus attorney fees.

Service dog fraud is criminal under Penal Code Section 365.7. Anyone who lies about having a service dog faces up to six months in county jail and a $1,000 fine.

If someone hurts your service dog, California doesn’t mess around. Under Penal Code Section 600.5, intentionally injuring a service dog is punishable by up to one year in jail and $10,000 in fines. Killing a service dog can be charged as a felony. The person also pays full restitution — vet bills, replacement dog costs, and your lost wages while getting a new dog.

California explicitly protects dogs in training when they’re with authorized trainers. This means that professional trainers can take future service dogs into stores and restaurants for socialization purposes. Counties issue special tags under Food and Agricultural Code Sections 30850-30854, though these are optional.

Texas

Under Section 121.003 of the Texas Code, denying access is a misdemeanor punishable by a fine of $300 and 30 hours of community service.

The law assumes you suffered at least $300 in damages, even if you can’t prove specific harm. This makes it easier to sue businesses that discriminate. You don’t need receipts showing you had to eat somewhere else or proof of emotional distress.

Texas offers something no other state does. Under Government Code Section 661.910, state employees get up to 10 working days of paid leave to train with a new service dog. This isn’t vacation time — it’s separate leave specifically for learning to work with your dog.

Section 121.004 makes attacking a service dog serious business. It’s a Class A misdemeanor if your pet attacks a service dog. If the service dog is injured, it becomes a state jail felony. If the service dog dies, it’s a third-degree felony, carrying a sentence of 2–10 years in prison.

In 2023, Texas added Section 121.006, making it illegal to misrepresent a pet as a service animal. Violators face a misdemeanor charge, up to $300 fine, and 30 hours of community service specifically helping organizations that serve people with disabilities.

New York

New York Civil Rights Law Article 4-B covers service dogs comprehensively. Section 47 guarantees access rights, while Section 47-a protects dogs in training.

New York specifically protects professional trainers and puppy raisers. If you’re raising a future service dog for an organization, you can take that puppy into stores and restaurants. The law recognizes that proper socialization during puppyhood is essential for creating confident working dogs.

Under Section 47-c, intentionally injuring a service dog is a Class A misdemeanor carrying up to one year in jail. Violators also pay restitution covering all veterinary costs, the cost of retraining or replacing the dog, and any lost income.

The state explicitly prohibits requiring any special license or equipment. Businesses can’t demand to see an ID card or insist that your dog wear a vest. These items might make your life easier, but they’re completely voluntary.

Florida

Florida Statute 413.08 stands out for explicitly including miniature horses as service animals in public accommodations. While the ADA allows miniature horses in limited circumstances, Florida gives them the same broad access rights as dogs.

The statute is detailed about where service dogs can go. Section 413.08(3) lists everything from hotels to buses to theaters. It even covers “every other public accommodation, amusement, or resort to which the general public is invited.” That’s about as broad as you can get.

Florida protects service dogs in training under Section 413.08(8). Approved trainers can take dogs anywhere the public goes. The dog must wear a collar and leash identifying it as a service dog in training, but that’s the only requirement.

Criminal penalties for faking a service dog are found in Section 413.08(4). It’s a second-degree misdemeanor punishable by up to 60 days in jail, a fine of $500, and 30 hours of community service. The community service must be performed for an organization serving people with disabilities.

Florida Statute 413.081 covers what happens if someone hurts your dog. They pay everything, veterinary bills, the cost of getting and training a replacement dog, plus your lost wages. If they killed your dog, they also face third-degree felony charges.

Michigan

Michigan’s main service dog law is MCL 750.502c. It makes denying access a misdemeanor punishable by 90 days in jail and a $500 fine. Civil damages start at $200.

What’s unique is Michigan’s voluntary identification program under MCL 37.303. The Department of Civil Rights issues ID cards with your photo and your dog’s photo. You absolutely don’t need this ID — businesses can’t require it —, but many handlers find it stops the constant questions.

In 2023, Michigan passed Public Act 75, giving service dogs in training the same access rights as working dogs. Trainers and puppy raisers can now take future service dogs into any public accommodation.

MCL 750.50a protects service dogs from harm. Killing or injuring a service dog is a felony punishable by up to 5 years in prison. The offender also pays restitution, including veterinary care, replacement costs, and lost wages.

Michigan waives dog license fees for service dogs under MCL 287.291. It’s a small savings, maybe $15–$30 per year, but it helps offset the many expenses of maintaining a working dog.

Disclaimer: This article is for general informational purposes only. While we’ve tried to provide accurate and up-to-date information about service animal laws, we cannot guarantee completeness or accuracy. Laws change, and how they apply can vary depending on your specific circumstances. This content is not legal advice. For advice about your situation, consult a licensed attorney in your state.

By: Service Dog Certifications | Laws

About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.

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Service Animal Laws

In this article:

Public Access Rights Under the ADA

Housing Rights Under the Fair Housing Act

Flying With Your Service Dog under the ACAA