In Pennsylvania, landlords generally cannot deny tenants’ requests for emotional support animals if they have a disability. Landlords are required to engage in an interactive process with the tenant to determine if the animal is necessary for the tenant’s disability and if it will cause a direct threat to the health and safety of others. Landlords cannot charge extra fees or deposits for these animals, nor can they evict tenants for having them. However, if the animal causes damage to the property, the landlord can require the tenant to pay for repairs.
Fair Housing Act Protections
The Fair Housing Act (FHA) is a federal law that protects people from discrimination in housing. The FHA makes it illegal for landlords to discriminate against tenants based on their race, color, national origin, religion, sex, familial status, or disability. The FHA also prohibits landlords from refusing to make reasonable accommodations for tenants with disabilities. This includes allowing tenants to have emotional support animals (ESAs) in their housing.
In Pennsylvania, landlords are required to comply with the FHA. This means that they cannot discriminate against tenants with disabilities, including those who have ESAs. Landlords must allow tenants with ESAs to live in their housing and must make reasonable accommodations for these tenants.
Reasonable Accommodations
Reasonable accommodations are changes to a landlord’s policies, practices, or procedures that allow a person with a disability to have an equal opportunity to use and enjoy their housing. Reasonable accommodations for tenants with ESAs may include:
- Allowing the tenant to keep their ESA in their housing, even if the landlord has a no-pets policy.
- Waiving pet fees or deposits for the ESA.
- Providing a reasonable accommodation for the ESA, such as allowing the animal to use common areas of the property.
Landlords are not required to make accommodations that would cause them an undue hardship. Undue hardship is defined as a significant difficulty or expense. For example, a landlord would not be required to make an accommodation that would require them to make major changes to their property or that would pose a direct threat to the health and safety of other tenants.
ESA Requirements
In order to qualify for an ESA, the tenant must have a disability that is recognized by the FHA and the animal must provide emotional support that alleviates one or more of the symptoms or effects of the disability.
The tenant must also provide the landlord with a letter from a healthcare professional that verifies the disability and the need for the ESA. The letter must be on letterhead and must be signed and dated by the healthcare professional. The letter must also state the following:
- The tenant’s disability.
- How the ESA provides emotional support for the disability.
- The type of animal the tenant has.
- The size of the animal.
- The breed of the animal (if applicable).
Landlord’s Rights
Landlords have the right to ask for documentation from the tenant to verify the disability and the need for the ESA. Landlords can also ask for a reasonable accommodation request from the tenant.
Landlords cannot discriminate against tenants with ESAs. This means that they cannot refuse to rent to a tenant with an ESA, they cannot charge extra fees for the ESA, and they cannot evict a tenant because they have an ESA.
If You Are Denied an ESA
If you are denied an ESA, you can file a complaint with the Pennsylvania Human Relations Commission (PHRC). The PHRC is responsible for investigating complaints of housing discrimination. You can also file a lawsuit against the landlord in federal court.
| Accommodation | Description |
|---|---|
| Allowing the tenant to keep their ESA in their housing | Even if the landlord has a no-pets policy |
| Waiving pet fees or deposits for the ESA | The landlord cannot charge extra fees for the ESA |
| Providing a reasonable accommodation for the ESA | Such as allowing the animal to use common areas of the property |
Reasonable Accommodations for Disabilities
In Pennsylvania, landlords are required to provide reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs). Under the Fair Housing Act (FHA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. ESAs are considered assistive animals under the FHA and are not considered pets.
Landlords cannot deny housing to a tenant with a disability because of their ESA. They also cannot charge extra fees or deposits for the ESA. However, landlords can require tenants to provide proof of their disability and the need for an ESA. This may include a letter from a doctor or mental health professional.
Examples of Reasonable Accommodations for ESAs
- Allowing the tenant to keep the ESA in their unit, even if the landlord has a no-pets policy.
- Waiving pet fees or deposits for the ESA.
- Providing a designated area in the building where the ESA can relieve itself.
- Allowing the tenant to take the ESA into common areas of the building, such as the lobby or laundry room.
- Providing a quiet area where the tenant can take the ESA for walks.
It is important to note that landlords are not required to make accommodations that would create an undue hardship. For example, a landlord is not required to allow an ESA in a building where its presence would pose a direct threat to the health or safety of others.
Table of Reasonable Accommodations for ESAs in Pennsylvania
| Accommodation | Example |
|---|---|
| Allowing the tenant to keep the ESA in their unit | The landlord cannot deny housing to a tenant with a disability because of their ESA, even if the landlord has a no-pets policy. |
| Waiving pet fees or deposits for the ESA | The landlord cannot charge extra fees or deposits for the ESA. |
| Providing a designated area in the building where the ESA can relieve itself | The landlord may provide a designated area in the building where the ESA can relieve itself, such as a fenced-in area or a dog park. |
| Allowing the tenant to take the ESA into common areas of the building | The landlord may allow the tenant to take the ESA into common areas of the building, such as the lobby or laundry room. |
| Providing a quiet area where the tenant can take the ESA for walks | The landlord may provide a quiet area where the tenant can take the ESA for walks, such as a park or a nature trail. |
Emotional Support Animal Defined
An emotional support animal (ESA) is a companion animal that provides therapeutic benefits to an individual with a disability. ESAs are not considered service animals under the Americans with Disabilities Act (ADA), but they may be allowed in housing under the Fair Housing Act (FHA). In Pennsylvania, landlords are generally prohibited from denying a tenant the right to have an ESA, but there are some exceptions.
Exceptions to the Rule
Landlords may deny an ESA in Pennsylvania if:
- The animal poses a direct threat to the health or safety of others.
- The animal would cause substantial physical damage to the property.
- The tenant has a history of failing to care for animals.
- The animal is not a dog or a cat.
Landlord’s Responsibilities
If a landlord denies a tenant’s request for an ESA, the landlord must provide a written explanation of the denial. The landlord must also allow the tenant to appeal the denial. If the landlord does not allow the tenant to appeal the denial, the tenant may file a complaint with the Pennsylvania Human Relations Commission.
Tenant’s Responsibilities
Tenants who have ESAs must comply with the following requirements:
- The ESA must be licensed and vaccinated.
- The ESA must be kept on a leash or in a carrier when in common areas.
- The ESA must not be disruptive or aggressive.
- The tenant must clean up after the ESA.
Additional Information
For more information about ESAs in Pennsylvania, please visit the Pennsylvania Human Relations Commission website.
| Issue | Law |
|---|---|
| Definition of ESA | An animal that provides therapeutic benefits to an individual with a disability |
| Where ESAs are allowed | Housing |
| Who can have an ESA | Individuals with disabilities |
| Exceptions to the rule | The animal poses a direct threat to the health or safety of others, would cause substantial physical damage to the property, the tenant has a history of failing to care for animals, the animal is not a dog or a cat. |
| Landlord’s responsibilities | Provide a written explanation of the denial, allow the tenant to appeal the denial |
| Tenant’s responsibilities | Keep the ESA licensed and vaccinated, keep the ESA on a leash or in a carrier when in common areas, ensure the ESA is not disruptive or aggressive, clean up after the ESA |
Landlord’s Right to Deny
In Pennsylvania, landlords have the right to deny emotional support animals (ESAs) on their premises under certain circumstances. The Pennsylvania Human Relations Commission (PHRC) considers ESAs as “reasonable accommodations” under the Pennsylvania Human Relations Act (PHRA). However, landlords may deny ESAs if they can demonstrate that the animal poses a direct threat to the health or safety of others, or if allowing the animal would result in an undue hardship for the landlord. Here are some specific scenarios where a landlord can deny an ESA:
- If the animal is aggressive or has a history of violence.
- If the animal is not housebroken and causes damage to the landlord’s property.
- If the animal is a nuisance to other tenants (e.g., barking excessively, causing odor problems).
- If the landlord can demonstrate that allowing the animal would pose a significant financial burden (e.g., requiring extensive modifications to the property).
It’s important to note that landlords cannot discriminate against tenants with disabilities who need ESAs. They must engage in a “good faith” interactive process with the tenant to determine whether a reasonable accommodation can be made. This may involve requesting documentation from the tenant’s healthcare provider or conducting an assessment of the animal’s behavior.
If a landlord denies an ESA, the tenant has the right to file a complaint with the PHRC. The PHRC will investigate the complaint and determine whether the landlord violated the PHRA. If the PHRC finds that a violation occurred, it may order the landlord to make reasonable accommodations for the tenant’s ESA.
| Circumstance | Can Landlord Deny ESA? |
|---|---|
| Animal poses direct threat to health/safety | Yes |
| Animal not housebroken/causes damage | Yes |
| Animal is a nuisance to other tenants | Yes |
| Allowing animal would cause undue hardship | Yes |
| Tenant has disability and needs ESA | No |
Hey, readers, I hope this article provided a clear understanding of the law and clarified the procedures for requesting an emotional support animal in Pennsylvania. If you have any further questions or concerns, please feel free to reach out to a local housing authority or legal aid organization.
Thanks for taking the time to read this article. And remember, if you ever find yourself in a situation where you’re curious about the legal side of things related to housing, feel free to come back for more informative articles like this one. Stay tuned for more interesting and helpful stuff coming your way!