Assistance Animals
Assistance Animals
Many people with disabilities require the use of assistance animals in their daily lives. Assistance animals for people with disabilities are not considered pets under the Fair Housing Act, as assistance animals have a specific role to assist a person with a disability in a way that is related to the disability itself.
Assistance animals are animals that work, provide assistance, or perform tasks for the benefit of a person with a disability—including providing support for mental or emotional disabilities. Emotional support animals alleviate one of more identified symptoms or effects of a person’s disability. A housing provider may not deny occupancy or evict a person with a disability because they require an assistance animal. Pet fees and/or pet deposits must be waived for assistance animals.
While it is permitted to restrict pets from rental properties or condominiums, it is unlawful to deny a person with a disability the right to possess an assistance animal, as long as the animal’s function has a direct connection to the person’s disability. Under the Fair Housing Act an assistance animal is not required to have formal training or certification, and a housing provider is not allowed to require proof that the animal has been certified, trained, or licensed as a service animal. Policies limiting the size, weight, or type of pets allowed do not apply to assistance animals and assistance animals can be any type of therapeutically necessary animal. Guide dogs, seizure alert dogs, and post-traumatic stress disorder assistance dogs are commonly recognized, however, many types of animals provide emotional support for individuals with mental and emotional health disorders.
A person with a disability can request a reasonable accommodation to a “no pets” policy. Additionally, pet fees and/or pet security deposits must be waived for assistance animals.
A landlord, property manager, condominium board or any other housing provider may request additional information or documentation to verify the need for an assistance animal if the requester has a disability that is not obvious or the disability-related need for the animal is not apparent.
A landlord, real estate agent, property manager, condominium board, or any other housing provider cannot:
- Deny a person with a disability the right to have an assistance animal when requested as a reasonable accommodation
- Deny occupancy or evict a person with a disability because he/she requests an assistance animal
- Charge extra fees (such as extra security deposit or monthly pet rent) for an assistance animal
- Stall or delay response to a request for an assistance animal
- Require mandatory training or certification for an assistance animal
- Inquire about the nature or severity of a person’s disability
Note: The Fair Housing Act requirements concerning assistance animals differ from the standards required under the Americans with Disabilities Act (ADA) which covers public accommodations. The ADA has very strict and specific governing standards regarding service animals in places of public accommodation like restaurants, stores, and post offices. The Fair Housing Act applies to dwellings and has a broader definition of assistance animal. Under the Fair Housing Act, it does not matter whether an animal is a service animal, a therapy animal, or an emotional support animal. The animal does not need to be trained to perform a specific service. The important factor is that the assistance animal serves a disability-related need and allows a person with a disability equal opportunity to use and enjoy a dwelling.
Insurance Policy Restrictions on Dog Breeds and Animal Types
Online Emotional Support Animal Registration
There are a large number of online services that claim to certify a pet as an emotional support animal for a fee. No official certification or registration for emotional support animals or assistance animals currently exists. When making a reasonable accommodation request for an emotional support animal or any other type of assistance animal, all verifications provided to housing providers should come from a medical or other professional who is familiar with the patient or client making the request, their disability, and the disability-related need for the animal.
Liability Protection for Landlords: The Pennsylvania Assistance and Service Animal Integrity Act
A number of states, including Pennsylvania, have passed laws which criminalize falsely representing a pet as an assistance animal.
The Assistance and Service Animal Integrity Act is a law that was enacted in Pennsylvania in 2018 and protects landlords or associations from being held liable for injuries caused by a person’s assistance animal or service animal which the landlord has permitted on the property as a reasonable accommodation. This law provides immunity to the landlord in the event that any assistance or service animal on the landlord’s property causes injury or property damage.
The Assistance and Service Animal Integrity Act also makes it a third degree misdemeanor to misrepresent an animal as an assistance or service animal, to intentionally create a document misrepresenting an animal as an assistance animal or service animal in housing, to provide a document to another falsely stating that an animal is an assistance animal or service animal for use in housing, or to fit an animal that is not an assistance animal or service animal with a harness, collar, vest, or sign that indicates the animal is an assistance animal for use in housing. A person who violates the Assistance and Service Animal Integrity Act can be charged with a summary offense and fined up to $1,000.
PLEASE NOTE: Assistance animals under Fair Housing Amendments Act (FHAA) do not need to be trained to perform services or do work for a person with a disability. Assistance animals under the FHAA must serve a disability-related need. This includes providing therapy or emotional support. There is no existing registry or certification for Assistance Animals under the FHAA.
The Assistance and Service Animal Integrity Act makes it a third degree misdemeanor to knowingly misrepresent an animal as an assistance or service animal, to intentionally create a document misrepresenting an animal as an assistance animal or service animal in housing, to provide a document to another falsely stating that an animal is an assistance animal or service animal for use in housing, or to fit an animal that is not an assistance animal or service animal with a harness, collar, vest, or sign that indicates the animal is an assistance animal for use in housing. A person who violates the Assistance and Service Animal Integrity Act can be charged with a summary offense and fined up to $1,000.
