WAC 162-38-130     Behavior causing risk. Behavior or actions of a dog guide or service animal that constitutes an unreasonable risk to property or other persons can be grounds to request that a dog guide or service animal be removed, and shall not constitute an unfair practice.

     (1) General rule. If a reasonable attempt to eliminate the behavior or actions of a dog guide or service animal that constitutes an unreasonable risk to property or other persons fails, it is not an unfair practice under RCW 49.60.222 to request that the dog guide or service animal be removed from a housing unit.

     (2) Individual judgment required. To come within this exception, the removal of a dog guide or service animal must be based on knowledge of the present behavior or actions of the dog guide or service animal. It is an unfair practice to exclude all of the particular dog guides or service animals unless the property owner can show that all of the particular dog guides or service animals will present an unreasonable risk to persons or property.

     (3) Likelihood of injury. Risk to property or other persons must be immediate and likely, not remote or speculative.

     (4) Degree of risk. Risk of injury to persons may be given more weight than risk of injury to property. Risk of severe injury may be given more weight than risk of slight injury.

     (5) Annoyance to staff or other tenants. Annoyance on the part of staff or other tenants of a rental property at the presence of the dog guide or service animal is not an unreasonable "risk to property or other persons" justifying the removal of the dog guide or service animal.

     (6) Least discriminatory solution required. When risk justifies the removal of a dog guide or service animal from a rental property, efforts must be made to reasonably accommodate the person with the disability.

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-38-130, filed 3/23/98, effective 4/23/98.]