A Landlord's Guide to Service Animals in Philadelphia
I’m Yuriy with TrustArt Realty, and in this post, we’re covering another common landlord question: Do you have to accept service animals, and can you charge fees for them?
The Law: Service Animals Are Not Pets
Landlords want clear rules, and tenants with disabilities rely on service animals for daily life. Under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), service animals are not considered pets—they are working animals trained to perform specific tasks for people with disabilities. This means landlords must allow them, even if your lease has a strict “no pets” policy.
The Challenges for Landlords
Here's where landlords often get concerned: you cannot charge extra pet rent, fees, or deposits for a service animal. You also cannot reject a tenant simply because they have one. Additionally, service animals are typically limited to dogs or miniature horses. The law also restricts what you can ask. You are not allowed to pry into a person's medical history or demand documentation that the law doesn’t explicitly permit.
Your Takeaway: What You Need to Remember
Therefore, here’s what you need to remember as a landlord:
- Yes, you must accept legitimate service animals.
- No, you cannot charge pet fees or deposits.
- Yes, tenants are still responsible for any damage the animal causes.
- You can only ask two specific questions:
- Is this a service animal required because of a disability?
- What task or work has the animal been trained to perform?
Conclusion
The bottom line is clear: service animals are protected by federal law, you cannot charge extra fees, but you can still hold tenants accountable for any damage the animal causes. If you’re a landlord in Philadelphia and you want to make sure you’re handling service animals—and all tenant situations—legally and profitably, reach out to us at TrustArt Realty. We’ll help you stay compliant and stress-free.
