State Specific Question About: PENNSYLVANIA (PA)

I have a tenant who moved in a chihuahua claiming it was a therapy dog for her son and supposedly has a letter from her psychologist recommending that she get her son the dog. I relented and agreed to let her keep it, but am considering hitting her with a pet fee and perhaps an extra deposit. It's my understanding that service dogs such as seeing eye dogs are "appliances" and that you can't charge deposits and pet fees for them. I was under the impression that this doesn't apply to companion animals. How much is a reasonable monthly pet fee? What reasonable in terms of a pet security deposit?

What Ken said.

Thanks.

Good questions. Lawyers are waiting for the legal system to sift this out. In the mean time, consider them the same and play it safe. You can't charge a pet fee or extra deposit for a bona fided service animal. Best to avoid doing so for a "therapy" animal unless you want to be the court test case.

You can't raise rent if they are on a lease until the lease renews or it could be considered retaliatory. A MTM might be ok in a couple month unless you just raised rent a few months ago.

For all practical purposes as a landlord, there is no difference in terms of how you handle it. Each falls under different regulations (ADA or Fair Housing).

If she has the paperwork, then you definately want to see it. A form that could be sent to the medical provider to be filled out, IMO, would be a better way to handle receiving the paperwork. Harder to "fictionalize" the paperwork.

This is one of many reasons I only do MtM. Want a therapy dog, fine. Oh, and here's your 30 day notice. Bye-bye. :-)

Be very careful on advice from certain posters that claim one can ask for additional info for a service/companion animal beyond those question clearly outlined under Federal fair housing laws,

Plus PA Fair Housing laws also expands protection for service/animals, so while you could be in compliance under Federal but not be in compliance with PA fair housing laws

But you clearly cannot “Always a pet fee, large enough to cover the cost of flea eradication” is a big no, remember if a federal fair housing complaint is brought against you, you will be in federal court defending your actions not your local magistrate , easily a 7K retainer for a lawyer to defend you in federal court

Some quotes from the US department of Justice, civil rights division

“Persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal, under both the FHAct and Section 504.”

“Assistance animals are sometimes referred to as "service animals," "assistive animals," "support animals," or "therapy animals."”

“ entity may ask: (1) Is this a service animal that is required because of a disability? and (2) What work or tasks has the animal been trained to perform? A covered entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service anima”

Lots of good advice above -- but absolutely IGNORE VEE'S ADVICE about a pet fee for fleas. That is NOT allowed for a service/therapy animal. These are not "pets" according to the law -- you may not charge additional fees for them. Period.

- John...

A service dog (and they are restricted to dogs) is trained to perform a service. You can only ask what Ken said.

As for vet care, I think I'm going to just add the vet to my application. If they don't fill it in, they go into my pending file. :)

Comfort animals are not addressed in the ADA in the same way, but are apparently now addressed in the fair housing rules. Silly that.

Barb: You are incorrect that Service Animals under the ADA are restricted only to dogs. While the actual text of the law reads that way, the ADA completely disagrees. That isn't an argument I'd want to get in the middle of if someone has a service monkey or other animal that you don't allow. According to the ADA's opinion, you would be in violation for doing so. (See the ADA's FAQ at www.ada.gov/qasrvc.htm for more details -- specifically the section that asks if it has to be a dog since their state says dogs specifically -- the ADA answers that federal law trumps state law and if you "refuse to admit any other type of service animal" then you are in violation.)

Just to note it for those that this may come up with if a person shows up with a non-dog service animal.

- John...

I wanted to correct myself. I was wrong above and Barb is correct about Service Animals (as defined by the ADA) having to be dogs and not other animals. This was changed in 2010 -- and the FAQ page at the ADA side hasn't been updated since 2008 and, therefore, does not reflect these changes!

I think it is ridiculous that the official ADA Questions and Answers sections has incorrect data due to not being updated in 4+ years! They have all this time to help people sue and no time to actually update their site to reflect current law??

Grrr...

In any case, my apologies to Barb. She was correct.

- John...