
Emotional Support Animal (ESA) Letters Within the State of Pennsylvania
What is an ESA Letter?
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"An ESA letter is a document that proves your need for an emotional support animal as part of treatment for a mental health condition. Issued individually, ESA letters allow you to keep an emotional support animal in your residence under the Fair Housing Act (FHA), regardless of landlord policies" (cited from Pettable.com).
What are the legal protections for ESA's in Pennsylvania?
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Housing:
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Fair Housing Act (FHA): Landlords must provide reasonable accommodations for persons with ESA's, even if the property has a no-pet policy. They can require a letter from a licensed mental health professional in order to have said ESA. They cannot charge any pet fees for ESA's but may charge for damages caused by the animal.
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If your landlord refuses to accommodate your ESA, you can file a complaint with the U.S.Department of Housing and Urban Development (HUD) or seek legal assistance to enforce your rights under the FHA.
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Air Travel:
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Air Carrier Access Act (ACAA): As of 2021, airlines are no longer required to accommodate ESA's as service animals. They may treat ESA's as pets, which may involve additional fees and restrictions.
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Public Places:
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ESA's do not have the same access rights as service animals. Businesses and public places are not required to allow ESA's.
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Can any animal be an ESA?
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While dogs and cats are the most common ESA's, other animals can also be ESA's. The choice of animal should be reasonable for the living situation and should not pose a threat to the health or safety of others.
Can an ESA be removed for bad behavior?
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Yes, if an ESA is not under control or causes damage or disturbances, the landlord can request its removal.
How old do you need to be to have an ESA?
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Children 14 y/o and younger would require a legal guardian or parent to be involved in the ESA process. It is highly requested that a parent be involved for a child 18 y/o and younger. An ESA is verifying that a child has mental health diagnosis and history or mental health that would meet criteria for an ESA.
