Reasonable Accommodations for Assistance Animals

There are two types of assistance animals: (1) Service animals, which are dogs with individualized training to perform specific tasks for the benefit of a specific individual with a disability; and (2) support animals, which are other animals that provide some sort of assistance or support for an individual with a disability.

An inappropriate refusal to allow an assistance animal could generate a fair housing complaint alleging discrimination based on disability status. According to 2020 data, almost 73% of all discrimination complaints involved rentals, and just under 55% of all discrimination complaints involved alleged discrimination based on disability.

No, an assistance animal is not a pet. Assistance animals perform tasks or provide other support for individuals with disabilities and should be thought of just like any other assistance device such as a wheelchair or cane.

No. An assistance animal is not treated as an animal or as a pet, but should be considered just like any other assistance device, such as a wheelchair or cane. The landlord can collect only the deposits that would be charged to any other tenant, but of course they can deduct any actual damage from the security deposit regardless of the source of the damage.

No. An assistance animal is not treated as an animal or as a pet, but should be considered just like any other assistance device, such as a wheelchair or cane. The landlord can charge only the rent that would be charged to any other tenant, but of course they can deduct any actual damage from the security deposit regardless of the source of the damage.

Yes, but if a tenant or prospective tenant asks for an accommodation to keep an assistance animal, the landlord may have to make an exception to that policy… because assistance animals are not pets.

No. Asking about assistance animals is the same as asking “Do you have a disability?” Landlords cannot and should not ask any question designed to elicit information about whether a prospective tenant belongs to any protected class since that should not be considered in any way in making a leasing determination. Or, to look at it another way, “Do you have an assistance animal” is pretty much the same as asking a person if they are a specific race/ethnicity. There’s no valid reason to ask that information or make a decision based on the response.

No. Landlords cannot and should not ask any question designed to elicit information about whether a prospective tenant belongs to any protected class, nor is there any obligation for a potential tenant to affirmatively disclose any information about being in a protected class since that should not be considered in any way in making a leasing determination. Or, to look at it another way, expecting a tenant to disclose whether they have an assistance animal is pretty much asking them to disclose their race, religion or other protected class.

Yes. A tenant can make their request at any time, even after they’ve already brought an assistance animal into the property.

Yes, with limitations. No documentation can be required if the disability and need are obvious (e.g., a blind person with a seeing-eye dog). The landlord can ask for documentation that reasonably supports that the animal does work, performs tasks, provides assistance, and/or provides therapeutic emotional support on behalf of the prospective tenant, but cannot require that they provide specific information about the nature and extent of the disability. 

A landlord is not required to grant an accommodation if the tenant refuses to provide the type of documentation outlined in the HUD guidance.

Pennsylvania implemented the Assistance and Service Animal Integrity Act in 2018. The act provides some additional clarity to state anti-discrimination laws and makes it a criminal offense to misrepresent one’s disability and/or one’s entitlement to a service or support animal. This might include things like making false claims about a disability and providing a fill-in-the-blank online form rather than a document from a professional with first-hand knowledge of the tenant’s condition and needs.

Yes. In addition to the federal Fair Housing Act and Americans With Disabilities Act, assistance animals are covered by the Pennsylvania Human Relations Act. Many municipalities also have their own local ordinances addressing discrimination.

Yes. For example, the Pennsylvania Human Relations Act not only prohibits discrimination against individuals who need assistance animals, but it also prohibits discrimination against individuals who serve as handlers and trainers of assistance animals (i.e., they are not disabled themselves, but help train animals for assistance purposes). If landlords have any questions about the details of specific laws and how they work together with any specific tenant situation, they should seek out a local attorney with experience in this area.

Yes, but they are narrow and the state law has narrower exclusions than federal law. The best advice a broker/agent/property manager can give to a landlord seeking to take advantage of one of these exceptions is to seek out a local attorney with experience in this area. Do not try to give legal advice as to whether/how one or more laws may apply to their transaction.