[tabi] Question & answer about motel and service dogs

  • From: Lighthouse of the Big Bend <lighthousebigbend@xxxxxxxxx>
  • To: tabi <tabi@xxxxxxxxxxxxx>
  • Date: Fri, 23 Apr 2010 13:35:01 -0400

Thought some folks might find this interesting... although many may
already know it : )

---------- Forwarded message ----------
Subject: Question & answer about motel and service dogs

A friend of mine who does training at Hilton Hotels tells me that it
is illegal to charge extra for a service dog staying in a hotel?  I
have been charged extra for my dog as we travel at motels by about 15
dollars a room for the dog.  There is no problem with getting her in
the room - but my friend said that they can only charge if the dog
does something in the room then that is fine.  Their policy for pets
staying in the room is $15 a night extra.  This was new to me and I
told her I could not recall reading anything about this under title

Could you clarify this for me?

Hotels are covered by title III, not title II. (Places of public
accommodation - title III vs. programs and services of state or local
governments (title II).

The issue you raise concerns an unlawful surcharge.

See http://www.ada.gov/qasrvc.htm , question 7:

7. Q: Can I charge a maintenance or cleaning fee for customers who
bring service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an
individual with a disability as a condition to allowing a service
animal to accompany the individual with a disability, even if deposits
are routinely required for pets. However, a public accommodation may
charge its customers with disabilities if a service animal causes
damage so long as it is the regular practice of the entity to charge
non-disabled customers for the same types of damages. For example, a
hotel can charge a guest with a disability for the cost of repairing
or cleaning furniture damaged by a service animal if it is the hotel's
policy to charge when non-disabled guests cause such damage.

Marc Dubin, Esq.
Director of Advocacy
Center for Independent Living of South Florida www.ADAadvocacyBlog.org
mdubin@xxxxxxxxx 305-896-3000 mobile
fax: 877-731-3030
EIN: 52-2117529
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