Can a Landlord Deny an Emotional Support Animal in PA?

In Pennsylvania, emotional support animals (ESAs) are becoming increasingly common, especially as mental health awareness grows. However, confusion still exists among landlords and tenants alike regarding the rights and limitations involving ESAs in rental housing. Can a landlord legally deny an emotional support animal in Pennsylvania? 

The answer depends on a combination of federal laws and emotional support animal regulations in PA that strike a balance between tenants’ rights to reasonable accommodations and landlords’ rights to manage their property. If you are involved in a dispute as a landlord or tenant, you should get legal representation from a skilled Pennsylvania lawyer for tenant law violations.

The Role of Emotional Support Animals

An emotional support animal (ESA) is a type of assistance animal that provides comfort to individuals suffering from mental health conditions such as anxiety, depression, PTSD, or phobias. Unlike service animals (covered under the Americans with Disabilities Act), which are trained to perform specific tasks, ESAs do not require specialized training.

Emotional support animals are protected under federal ESA laws, not because of what they do, but because of the therapeutic role they play in a person’s treatment. This distinction is vital when evaluating a landlord’s legal responsibilities in Pennsylvania.

Governing Laws: Federal and State Protections

Fair Housing Act (FHA)

The Fair Housing Act (FHA) is the primary federal law protecting individuals with disabilities from housing discrimination. Under the FHA:

• Landlords must make reasonable accommodations for tenants with disabilities, which includes allowing ESAs in “no-pet” housing.
• The ESA must be necessary to afford the tenant equal use and enjoyment of the dwelling.
• The landlord may not charge pet fees or deposits for the ESA.

This applies regardless of whether the property has a “no pets” policy or breed/size restrictions.

Section 504 of the Rehabilitation Act

This applies to federally funded housing and imposes similar obligations as the FHA. If the landlord accepts federal funding (e.g., Section 8), they are subject to this law.

Pennsylvania Human Relations Act (PHRA)

The PHRA provides protections at the state level, similar to the FHA. It prohibits housing discrimination on the basis of a disability and requires reasonable accommodations, including emotional support animals.

What Is a Reasonable Accommodation?

A reasonable accommodation is a change or exception to rules, policies, or services that enables a person with a disability to have an equal opportunity to use and enjoy their housing.

Landlords must grant reasonable accommodation for ESAs if:

• The tenant has a mental or emotional disability recognized by a licensed healthcare professional.
• The ESA is necessary to alleviate symptoms or effects of that disability.

Tenants must typically provide documentation from a licensed medical or mental health professional verifying the need for the animal.

When Can a Landlord Deny an Emotional Support Animal?

Under Pennsylvania ESA housing laws, a landlord may deny an ESA for the following reasons:

Lack of Documentation

A landlord may deny an ESA if the tenant fails to provide legitimate documentation from a healthcare provider verifying the need for the animal. Documentation must show:

• The tenant has a disability
• The ESA is necessary for the disability
• The professional is licensed and has a relationship with the patient

Online certificate mills or “instant ESA letters” may be scrutinized and potentially invalid.

Undue Financial or Administrative Burden

If accommodating the ESA would impose an unreasonable financial or administrative burden, the landlord may deny the request. This is a high threshold and must be based on actual costs or burdens, not mere inconvenience.

For example, in a small, owner-occupied duplex, accommodating a large ESA might require structural modifications that are unreasonable under the circumstances.

Direct Threat or Property Damage

A landlord may refuse an ESA if the specific animal:

• Poses a direct threat to the health or safety of others
• Has caused substantial physical damage to the property.

However, this must be based on individualized assessment, not stereotypes. A blanket ban on certain breeds is not acceptable.

Private Owner-Occupied Property

Certain housing types are exempt from FHA requirements, such as:

• Owner-occupied buildings with four or fewer units
• Single-family homes rented without a broker
• Religious or private club housing

In these limited scenarios, landlords may legally deny an ESA.

Tenant Responsibilities

Even with the right to an ESA, tenants in Pennsylvania have the following responsibilities:

• Maintain control over the animal at all times
• Ensure the ESA does not create nuisances, excessive noise, or damage
• Clean up after the animal
• Comply with local ordinances (e.g., vaccination and leash laws)

Failure to fulfill these responsibilities may result in eviction or removal of the animal.

Landlord Responsibilities

Landlords must do the following:

• Consider all reasonable accommodation requests in a timely manner
• Refrain from charging pet fees or deposits for ESAs
• Maintain confidentiality about the tenant’s disability
• Avoid retaliation against tenants who request accommodations

Retaliation could expose landlords to civil penalties under the FHA and PHRA.

What If a Landlord Violates the Law?

If a landlord unlawfully denies an ESA request, tenants have several recourses:

Pennsylvania Human Relations Commission (PHRC)

Tenants can file a housing discrimination complaint with the PHRC.

U.S. Department of Housing and Urban Development (HUD)

Complaints can also be filed with HUD under the Fair Housing Act.

Civil Lawsuit

Tenants may also pursue legal action for damages and injunctive relief in a Pennsylvania court. Violations can result in compensatory damages, punitive damages, attorneys’ fees, and court orders for compliance.

Best Practices for Landlords

• Develop a written ESA policy that complies with federal and state laws.
• Require written documentation but avoid intrusive medical inquiries.
• Treat each ESA request on a case-by-case basis.
• Avoid blanket breed or species bans.
• Consult a qualified landlord-tenant attorney if uncertain.

Best Practices for Tenants

• Provide timely, legitimate documentation from a licensed professional.
• Submit a formal written request for accommodation.
• Understand your rights and responsibilities under FHA and PHRA.
• Keep a copy of all communication for documentation.
• Consult a qualified landlord-tenant attorney if uncertain.

Choose Our Skilled and Proven Landlord-Tenant Lawyers in Pennsylvania

Whether you are a landlord or a tenant in Pennsylvania, trust Morella Bencsics to protect your rights with responsive, knowledgeable, and results-driven legal representation. Reach out to our experienced PA landlord-tenant attorneys today for personalized solutions and dedicated support every step of the way. To schedule your free consultation, call us at (412) 960-1656 or contact us online.