Service Dogs in Training Laws in dupe
Overview

New York law provides public access protections for service dogs in training (SDITs), allowing qualified trainers and individuals with disabilities to bring dogs in training into many public places.

Unlike federal law under the Americans with Disabilities Act (ADA), which does not specifically grant public access rights to service animals in training, New York law expressly recognizes guide dogs, service dogs, and service dogs in training under state statute.

Legal Foundation

New York’s service animal and SDIT laws are primarily found in:

• New York Civil Rights Law § 47

• New York Civil Rights Law § 47-a

• New York Executive Law Article 15 (Human Rights Law)

• New York Agriculture & Markets Law § 123-b

These laws protect individuals with disabilities and service animal trainers from discrimination in public accommodations and other covered settings.

Service Dogs in Training Under New York Law

New York law specifically recognizes:

• Guide dogs and service dogs

• Service dogs in training

• Qualified trainers of service dogs

Under New York Civil Rights Law § 47-b:

A person engaged in training a dog to guide or otherwise aid persons with disabilities shall have the same rights and privileges as a person with a disability accompanied by a service dog.

New York allows:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Persons legitimately engaged in service dog training

to bring SDITs into public places for training purposes.

Public Access Rights

Service dogs in training may generally accompany handlers and trainers into places open to the public, including:

• Restaurants and food establishments

• Retail stores and shopping centers

• Hotels and lodging

• Public transportation

• Government buildings

• Hospitals and medical offices

• Educational institutions

• Most places open to the general public

New York law grants SDITs substantially similar public access rights as fully trained service animals when the dog is engaged in legitimate training activities.

Additionally:

• Businesses may not charge extra fees or deposits because of a service dog or service dog in training.

• SDITs generally must be permitted anywhere members of the public are allowed to go.

Requirements for Service Dogs in Training

New York generally requires service dogs in training to be:

• Under the handler’s control

• Properly behaved in public

• Housebroken

• Non-disruptive and safe

Service animals and SDITs are generally expected to be:

• Harnessed, leashed, or tethered unless doing so interferes with the dog’s work or training.

New York does not generally require:

• State certification

• Registration

• Identification cards

• Special vests or patches

Businesses generally may not require proof of certification or documentation.

Who Can Train a Service Dog

New York law protects:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Persons engaged in legitimate service animal training activities

The statutes do not impose universal statewide licensing or certification requirements for service dog trainers, although some organizations may maintain their own internal certification standards.

Handler Responsibilities

The handler or trainer is responsible for:

• Maintaining control of the dog

• Preventing disruptive or dangerous behavior

• Ensuring the dog is housebroken

• Paying for damage caused by the dog

A business may require removal of the dog if:

• The dog is out of control and the handler fails to take corrective action

• The dog poses a direct threat to health or safety

• The dog is not housebroken

Even if a dog is removed, the business generally must still provide the individual an opportunity to obtain goods or services without the animal present.

What Businesses Can and Cannot Do

Businesses MAY:

• Ask whether the dog is a service animal required because of a disability

• Ask what work or task the dog has been trained — or is being trained — to perform

Businesses MAY NOT:

• Require certification or registration

• Demand proof of disability

• Require the dog to demonstrate tasks

• Charge additional fees or deposits

• Deny access solely because the dog is still in training under New York law

Misrepresentation and Interference

New York law prohibits:

• Fraudulently misrepresenting a pet as a service animal

• Interfering with, injuring, or denying access rights involving service animals or SDITs

Under Agriculture & Markets Law § 123-b:

• Intentionally harming or interfering with a service animal may result in criminal penalties, restitution, and civil liability.

Violations may result in:

• Criminal penalties

• Civil damages

• Fines and restitution in some circumstances

New York law also protects handlers and trainers from intentional harassment or obstruction involving service animals.

Federal vs. New York Law

ADA (federal law):

• Does not specifically grant public access rights to service dogs in training

New York law:

• Expressly recognizes service dogs in training and grants public access protections under state statute

Because New York law provides broader protections in this area, those state protections generally apply within New York.

Summary

• New York allows service dogs in training in many public places

• Trainers and individuals with disabilities are both protected

• SDITs must remain under control and behave appropriately

• New York generally does not require certification or identification for SDITs

• Businesses cannot charge extra fees or deny access solely because a dog is in training

• Fraudulent representation and interference may result in civil or criminal penalties

Sources

New York Civil Rights Law § 47 and § 47-a:
https://www.nysenate.gov/legislation/laws/CVR

New York Agriculture & Markets Law § 123-b:
https://www.nysenate.gov/legislation/laws/AGM

New York Human Rights Law:
https://dhr.ny.gov

New York State Senate – New York Laws:
https://www.nysenate.gov/legislation/laws

Animal Legal & Historical Center – New York Assistance Animal Laws:
https://www.animallaw.info

Disclaimer

This content is provided for informational and educational purposes only and does not constitute legal advice. Laws and regulations may change, and their application can vary depending on specific circumstances. For the most current and accurate information, consult official New York statutes or a qualified attorney.

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