Service vs Emotional Support Animals: PA Renters’ Rights
Understanding your rights as a Pennsylvania renter when it comes to service animals and emotional support animals (ESAs) is essential. Knowing the difference—and how laws protect you—can help ensure you live comfortably, even if a landlord says "no pets." This guide explains your legal protections, official forms, and practical steps under Pennsylvania law.
Service Animals vs. Emotional Support Animals: What’s the Difference?
Under both federal and Pennsylvania law, renters who rely on animals for disability accommodation are protected from most "no pets" rules. However, it’s important to know the distinction:
- Service Animal: Trained individually to perform specific tasks for a person with a disability, such as guiding the blind or alerting someone to low blood sugar.
- Emotional Support Animal (ESA): Provides comfort just by being present. ESAs are prescribed by a licensed health professional and not required to have specialized training.
Service animals have broader rights under the federal Americans with Disabilities Act (ADA), while ESAs are primarily protected under the Fair Housing Act (FHA). Both provide important protections for Pennsylvania renters.
Your Rights as a Pennsylvania Renter
Landlords in Pennsylvania must make reasonable accommodations for tenants with disabilities. This includes allowing service animals and ESAs, even in properties with "no pets" policies, unless doing so would impose an undue financial or administrative burden or fundamentally alter the nature of the housing.
You may not be charged a pet deposit or higher rent for a service animal or ESA. However, you are responsible for any damages the animal causes.
What Landlords Can (and Can’t) Ask
- Landlords can ask for documentation that you have a disability-related need for an ESA (such as a letter from your healthcare professional), but cannot require medical records or detailed diagnoses.
- For service animals, landlords can ask if the animal is needed due to a disability and what work or task the animal has been trained to perform, but cannot require proof of training.
If your landlord refuses your request, you have options to take action and uphold your rights.
Official Forms: Requesting an Accommodation
In Pennsylvania, there isn’t a single state form used specifically for service and emotional support animal accommodations in housing. However, many renters use a Reasonable Accommodation Request. Here’s how it works for renters:
- Form Name: Reasonable Accommodation Request
- When to use: When you need your landlord to allow a service animal or ESA as a modification to a "no pets" policy.
- Example: Maria lives in a "no pets" apartment building. She submits a Reasonable Accommodation Request along with a note from her licensed therapist stating her need for an ESA.
- Download HUD’s Sample Reasonable Accommodation Request
- Complaint Form: Pennsylvania Human Relations Commission (PHRC) Housing Discrimination Complaint
- When to use: If your landlord denies or ignores your accommodation request.
- Example: John asks for a service animal and is denied by his landlord. He files a complaint with PHRC to resolve the dispute.
- Submit a Complaint with PHRC
Always keep copies of forms and communications with your landlord for your records.
Relevant Tribunal for Tenant Complaints
In Pennsylvania, the main agencies you may use are:
- Pennsylvania Human Relations Commission (PHRC) — Handles housing discrimination and disability accommodation complaints.
- U.S. Department of Housing and Urban Development (HUD) — Accepts fair housing complaints nationwide.
What Laws Protect You in Pennsylvania?
The main laws covering your rights as a renter with a service animal or ESA are:
- Americans with Disabilities Act (for service animals and public spaces)
- Fair Housing Act (FHA) (for all disability-related animal accommodations in housing)
- Pennsylvania Human Relations Act (PHRA)
These laws make it illegal for landlords to refuse reasonable accommodation in most housing situations.
What to Do if Your Accommodation Is Denied
If your landlord says no to your service animal or ESA request, follow these steps:
- Respond in writing, restating your request and providing documentation.
- If the landlord continues to refuse, file a housing discrimination complaint with the PHRC or HUD.
- Support may also be available through local disability rights organizations or legal aid.
If your request for a service animal or ESA is denied, consider filing a complaint. Government agencies exist to protect your housing rights.
FAQ: Renters’ Rights and Service/Support Animals in Pennsylvania
- Can my landlord charge extra for my emotional support animal or service animal?
No, landlords in Pennsylvania may not require a pet deposit, increased rent, or additional fees for a qualified service animal or emotional support animal. - Do I need to register my animal to get protection?
No official registration is needed. For ESAs, you need a documentation letter from a licensed healthcare provider. For service animals, documentation is generally not required, but the animal must be trained to assist with a disability. - What if my landlord denies my request for a service or support animal?
You can submit a complaint to the Pennsylvania Human Relations Commission or HUD. Keep all communication and documentation to support your claim. - Can a landlord evict me for having a service animal or ESA?
No. If you have properly requested accommodation and meet requirements, it is illegal for a landlord to evict solely on those grounds. However, animal-caused damage or disruption might still be cause. - Are there any exceptions to these rules?
Yes. Reasonable accommodation may not be required in certain small owner-occupied buildings or if the animal’s presence poses a direct threat or undue burden.
Conclusion: Key Takeaways for PA Renters
- Service animals and ESAs are protected under federal and state law for renters with disabilities.
- Landlords cannot charge pet-related fees for these animals but can ask for appropriate documentation.
- Disputes can be resolved by filing complaints with PHRC or HUD if your accommodation is denied.
Knowing your rights and the proper steps to take can help ensure your home is accessible and welcoming, no matter your needs.
Need Help? Resources for Renters
- Pennsylvania Human Relations Commission (PHRC) — File a discrimination complaint
- HUD Fair Housing Complaints
- PHRC Contact Information
- Pennsylvania Legal Aid Network – Fair Housing
- ADA.gov — Americans with Disabilities Act resources
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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