In Philadelphia and across the country, animals play vital roles in supporting health, independence, and emotional well-being—especially for people with disabilities.
Whether it's a service dog assisting with physical, sensory, psychiatric, or intellectual impairments or a therapy animal offering comfort, it's essential to understand how different animals are treated under federal, state, or local laws.
A person with a disability may rely on a range of animals—including other species or other animals—to navigate daily life.
Under Title II of the Americans with Disabilities Act and the Fair Housing Act, covered entities and housing programs are often legally obligated to make reasonable modifications to accommodate these needs.
Failure to do so may constitute denying access, especially when laws require covered entities to consider accommodation requests on a case-by-case basis.
In this article, we dive into the key differences between emotional support animals, service animals and pets:
Service Animals
Under the Americans with Disabilities Act, a service animal means a dog trained—or in some cases, miniature horses—to work or perform tasks for an individual with a disability.
These tasks must be directly related to the person's disability, including physical, sensory, psychiatric, or intellectual conditions. This includes psychiatric service animals, which are individually trained to assist with mental health needs.
Under federal law, service animals are not pets and must be allowed in public spaces and housing, including those covered by the Rehabilitation Act. A landlord may only ask if the animal is required for a disability and what work or perform tasks it does. They cannot inquire about the disability itself.
If the service animal behaves aggressively or poses a direct threat, housing providers may evaluate whether its safe presence is possible. A person who uses a service animal must keep it under the handler's control at all times.
Emotional Support Animals (ESAs)
Unlike service animals, emotional support animals are not specifically trained to perform tasks. Instead, they provide emotional support through the animal’s presence, offering comfort for individuals with mental disability, post-traumatic stress disorder, or mental illness.
ESAs are protected under the Fair Housing Act and urban development housing rules. They qualify as reasonable accommodations, and landlords must accept them—even in “no pets” units—if a licensed mental health professional provides documentation confirming the tenant’s need.
Support animals are not allowed unrestricted air travel, unless permitted by policies enforced through the Aviation Consumer Protection Division, a federal agency. While they are not considered service animals, they still receive protections within housing.
Housing providers must not engage in refusing service, denying housing, or imposing extra fees on ESAs. Doing so could result in a private lawsuit or escalation to federal court.
Pets and Companion Animals
Pets, also referred to as companion animals or comfort animals, offer joy but are not legally protected under disability laws. Landlords in Philadelphia can regulate animal species, prohibit specific breeds, or apply fees as defined in leases.
It’s important to note that therapy dogs, which are used in hospitals or schools, and comfort dogs, which help provide emotional calm, are not protected like ESAs or service animals. Although they are helpful, they fall under pet policies unless the animal is trained to assist people or stand guard.
From Pets to Service Animals: Final Thoughts for Housing Providers
In Philadelphia’s evolving rental market, understanding the legal and functional differences between service animals, emotional support animals, and pets is essential.
With so many tenants relying on animals to manage physical and mental health, it’s vital to follow state and local laws, as well as federal guidance from HUD and the Department of Justice.
At Innovate Realty and Property Management, we assist landlords in navigating laws, assessing documentation, and maintaining compliance. Whether your tenant has a pet, an ESA, or their service animal, we’re here to ensure your property remains protected and inclusive.
Reach out today to partner with a property management company that knows how to balance compassion with compliance.
