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Understanding Pennsylvania ESA Laws: A Comprehensive Guide

Emotional support animal owners in Pennsylvania benefit from the protections of the Fair Housing Act. This ensures their ESAs can live with them in all types of housing, even those with strict “no pets” rules. Additionally, landlords are legally barred from imposing extra charges or deposits related to ESAs.
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Medically Reviewed by Robert Clendenin, MD

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In Pennsylvania, understanding ESA laws is essential for both ESA owners and those who accommodate them. These laws outline specific rights and responsibilities, particularly in areas such as housing. Knowing these regulations helps prevent misunderstandings and conflicts, ensuring that you can live with your ESAs without unnecessary obstacles. Additionally, understanding these laws helps property managers, landlords, and the general public respect the needs of individuals who rely on ESAs.
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Pennsylvania Emotional Support Animal Laws

Key Points

  • What Are Emotional Support Animal Laws in PA? The Fair Housing Act and the Pennsylvania Human Relations Act protect emotional support animals in Pennsylvania.
  • What Is FHA? The FHA, or Fair Housing Act, is a federal law that prohibits housing discrimination based on sex, race, national origin, color, religion, familial status, or disability. It also includes protections for individuals with emotional support animals in PA.
  • How to Request Reasonable Accommodations from Your Landlord? To request reasonable accommodation for your emotional support animal, you must provide your landlord with a valid Pennsylvania ESA letter from a licensed mental health professional. Present this documentation in a formal, written request to ensure your landlord understands your legal rights under the Fair Housing Act.
  • How do I get an ESA letter? Consult a licensed healthcare professional about your need for an emotional support animal. They will examine your medical condition and, if appropriate, provide you with an official ESA letter outlining the animal’s necessity for your emotional well-being.

What Are The Laws For Housing An Emotional Support Animal in Pennsylvania?

Pennsylvania has state-specific and federal regulations regarding emotional support animals. The Pennsylvania Human Relations Act makes it illegal to discriminate against people who use support animals. In addition, the Fair Housing Act, a federal law, also prevents discrimination against tenants with ESAs in their homes.

The FHA defines discrimination as “a refusal to make reasonable accommodations in services, rules, or policies, when such accommodations may be necessary to use and enjoy housing.”

According to PA ESA laws, if you have a disability and own an emotional support animal, you have equal rights to live in the desired housing. Even if a lease says “no pets,” landlords must allow pets that serve as emotional support animals.
The term “disability” is defined in three broad categories:

  • A mental or physical impairment that substantially limits one or more major life activities.
  • A record of having such an impairment.
  • Being regarded as having such an impairment.

Moreover, emotional support animals are in a different legal classification, so pet fees are waived for them. The landlord can seek money from the tenant if the animal causes damage to the property. Additionally, the landlord can remove the animal through legal proceedings if the animal threatens others or is disruptive.
 If you ask your landlord for permission to keep an ESA in a place where pets are normally not allowed or are restricted by size, weight, or breed, the landlord can ask for proof. This proof can include documentation of the person’s disability and why they need the animal.
The FHA applies to all forms of housing, whether for sale or rent. The exceptions include:
(a) Buildings with four or fewer units where the housing provider lives in one of the units.
(b) Private housing owners who do not own more than three single-family houses, and do not use agents or real estate brokers.

How to Address ESA Discrimination When It Happens?

You can file a complaint with the Pennsylvania Human Relations Commission (PHRC). This process involves downloading and completing the Housing & Commercial Property Intake Questionnaire and submitting it via email or mail to the PHRC. For more information on filing a housing discrimination complaint, including access to the necessary forms and contact details, visit the PHRC housing discrimination complaint page.

Do PA ESA Laws Allow Emotional Support Animals to Board Flights?

Airlines in Pennsylvania are not required to comply with the Air Carrier Access Act (ACAA), which gives them the discretion to allow ESAs on their flights.
If you are planning a trip and want to bring your ESA, contact the airline in advance to learn their ESA policy. Generally, airlines allow ESAs with a fee and some regulations, so it’s best to check with them beforehand.
While emotional support animals are not allowed on flights, psychiatric service dogs can still board the cabin without any charge. A psychiatric service dog (PSD) helps with mental health conditions similar to those that ESA owners experience.

What Are PA Emotional Support Animal Laws for Public Transportation?

In Pennsylvania, emotional support animals are not permitted on public transportation, such as trains and buses. Therefore, if you’re traveling with an ESA, check with your transportation provider for their specific policies regarding ESAs.

What Are PA ESA Laws For College Campus Housing?

Under the FHA, students can bring their ESA with them to their campus housing. The FHA makes it illegal for college and university housing to discriminate against students with disabilities. Allowing an ESA into a university residence hall often qualifies as a reasonable accommodation. However, the FHA accommodation does not apply to classrooms or other areas where students study or engage in academic activities.

Considerations For Campus Housing

  • The ESA must not pose a threat to the health and safety of others.
  • The ESA must not cause property damage or disrupt university operations.
  • Owners are responsible for their ESA’s actions and may face removal if requirements are not met.
Promotion for getting an official ESA letter with a boy hugging a happy dog.

What Are Pennsylvania Law on Emotional Support Animals in Public Places?

Pennsylvania has no specific laws regarding emotional support animals in public places. Owners of public places are not legally required to allow ESAs on their premises and can decide whether or not to permit them. This means that your ESA may not be allowed to accompany you in certain public settings, and it is important to respect the policies of individual businesses.

What Are Pennsylvania ESA Laws in the Workplace?

Emotional support animals are not protected under the Americans with Disabilities Act (ADA), meaning they do not have the same rights as service animals in the workplace. Employers are not legally required to allow ESAs in the office. However, some employers may accommodate ESAs as part of their company policies. If you wish to bring an ESA to work, discussing it with your employer and seeing if they are willing to make an exception is essential.

Frequently Asked Questions

Can a Landlord Reject My ESA in Pennsylvania?

Under the FHA, landlords must provide reasonable accommodations for ESAs and should not reject owners from having their companions. However, if your animal is disruptive or threatens others, your landlord may restrict your accommodation request.

How to Qualify for an Emotional Support Animal in Pennsylvania?

The criteria for qualifying for a PA emotional support animal are straightforward. First, you must be evaluated by a licensed mental health professional (LMHP). Once they determine that you qualify for an ESA, they can provide you with an official ESA letter. Some of the medical conditions that may qualify you for an ESA in PA are:
  • Anxiety
  • Depression
  • Post-Traumatic Stress Disorder (PTSD)
  • Chronic Stress
  • Panic Disorders
  • Bipolar Disorder
  • Autism
  • Attention Deficit Hyperactivity Disorder (ADHD)

Is It Essential to Have Emotional Support Animal Registration in Pennsylvania?

There is no need to “register” an emotional support animal. In fact, avoid any service that claims to offer “registration” without a legitimate evaluation and documentation process. To legally recognize an ESA, you need a letter from a licensed mental health professional stating that the animal is necessary for your emotional support and well-being due to a diagnosed mental health condition.

What If My Landlord Asks for Proof of My Disability?

Under the Pennsylvania ESA Laws, the housing provider is entitled to obtain only the information necessary to determine whether the requested accommodation is needed because of a disability. Moreover, the document must demonstrate a relationship between the disability and the animal’s companionship. An ESA letter from your doctor explaining the need for your support animal is usually sufficient.

Does an Emotional Support Animal Need Special Training?

ESAs do not need any special training. Their main role is to offer comfort and emotional support through their presence and love. However, it’s important that ESAs are well-behaved in public to prevent any problems or disruptions.

Post Author

Patricia Thompson

Prince Sharma

Prince Sharma is a content manager with a passion for reading, design, and cats. When he's not working, he enjoys discovering new design trends or relaxing with a good book and his furry friends

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