28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)

Retain term "service animal." Some commenters asserted that the term ‘‘assistance animal'' is a term of art and should replace the term ‘‘service animal.'' However, the majority of commenters preferred the term ‘‘service animal'' because it is more specific. The Department has decided to retain the term ‘‘service animal'' in the final rule. While some agencies, like HUD, use the term ‘‘assistance animal,'' ‘‘assistive animal,'' or ‘‘support animal,'' these terms are used to denote a broader category of animals than is covered by the ADA. The Department has decided that changing the term used in the final rule would create confusion, particularly in view of the broader parameters for coverage under the FHAct, cf., preamble to HUD's Final Rule for Pet Ownership for the Elderly and Persons with Disabilities, 73 FR 63834–38 (Oct. 27, 2008); HUD Handbook No. 4350.3 Rev–1, Chapter 2, Occupancy Requirements of Subsidized Multifamily Housing Programs (June 2007), available at http://www.hud.gov/offices/adm/hudclips/handbooks/hsgh/4350.3 (last visited June 24, 2010). Moreover, as discussed above, the Department's definition of ‘‘service animal'' in the title II final rule does not affect the rights of individuals with disabilities who use assistance animals in their homes under the FHAct or who use ‘‘emotional support animals'' that are covered under the ACAA and its implementing regulations. See 14 CFR 382.7 et seq.; see also Department of Transportation, Guidance Concerning Service Animals in Air Transportation, 68 FR 24874, 24877 (May 9, 2003) (discussing accommodation of service animals and emotional support animals on aircraft).