PRINTER'S NO. 2976
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2049
Session of
2018
INTRODUCED BY MOUL, MILLARD, M. K. KELLER, O'NEILL, WARD,
ROTHMAN, ZIMMERMAN AND WATSON, FEBRUARY 2, 2018
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 2, 2018
AN ACT
Providing for requirements for documentation of the need for an
assistance animal or service animal in housing and for the
offenses of misrepresentation of entitlement to assistance
animal or service animal and misrepresentation of animal as
assistance animal or service animal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Service
Animal Integrity Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assistance animal." An animal, other than a service animal,
that qualifies as a reasonable accommodation under the Fair
Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.),
section 504 of the Rehabilitation Act of 1973 (Public Law 93-
112, 29 U.S.C. § 701 et seq.) or local law. The term includes an
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
emotional support animal when the animal qualifies as a
reasonable accommodation.
"Disability." A physical or mental impairment which
substantially limits one or more major life activities.
"Service animal." An animal, other than an assistance
animal, that qualifies as a service animal under the Americans
with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327) or as a guide or support animal under the act of October
27, 1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act or local law.
Section 3. Documentation of disability and disability-related
need.
(a) Right to request documentation.--A landlord who receives
a request from a person to make an exception to the landlord's
policy prohibiting animals or limiting the size, weight, breed
or number of animals on the landlord's property because the
person requires the use of an assistance animal or service
animal may require the person to produce documentation of the
disability and disability-related need for the animal only if
the disability or disability-related need is not readily
apparent or known to the landlord.
(b) Minimum standards.--Any documentation proving that a
person is disabled and requires the use of an assistance animal
or service animal as a reasonable accommodation in housing under
the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et
seq.), the Rehabilitation Act of 1973 (Public Law 93-112, 29
U.S.C. § 701 et seq.), the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327) or the act of October
27, 1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act or local law shall:
20180HB2049PN2976 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Be in writing.
(2) Be reliable and based on direct knowledge of the
person's disability and disability-related need for the
assistance animal or service animal.
(3) Describe the person's disability-related need for
the assistance animal or service animal.
Section 4. Immunity.
Notwithstanding any other law to the contrary, a landlord
shall not be liable for injuries caused by a person's assistance
animal or service animal permitted on the landlord's property as
a reasonable accommodation to assist the person with a
disability under the Fair Housing Act (Public Law 90-284, 42
U.S.C. § 3601 et seq.), section 504 of the Rehabilitation Act of
1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.), the Americans
with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327), the act of October 27, 1955 (P.L.744, No.222), known as
the Pennsylvania Human Relations Act or any other Federal, State
or local law.
Section 5. Misrepresentation of entitlement to assistance
animal or service animal.
(a) Offense defined.--A person commits the offense of
misrepresentation of entitlement to assistance animal or service
animal if the person intentionally:
(1) misrepresents to another that the person has a
disability or disability-related need for the use of an
assistance animal or service animal in housing; or
(2) makes materially false statements for the purpose of
obtaining documentation for the use of an assistance animal
or service animal in housing.
(b) Grading.--A person who violates the provisions of
20180HB2049PN2976 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subsection (a) commits a misdemeanor of the third degree.
Section 6. Misrepresentation of animal as assistance animal or
service animal.
(a) Offense defined.--A person commits the offense of
misrepresentation of an animal as an assistance animal or
service animal if the person intentionally:
(1) creates a document misrepresenting an animal as an
assistance animal or service animal for use in housing;
(2) provides a document to another falsely stating that
an animal is an assistance animal or service animal for use
in housing; or
(3) fits an animal that is not an assistance animal or
service animal with a harness, collar, vest or sign that the
animal is an assistance animal or service animal for use in
housing.
(b) Grading.--A person who violates the provisions of
subsection (a) commits a summary offense and shall, upon
conviction, be sentenced to pay a fine not to exceed $1,000.
Section 7. Effective date.
This act shall take effect in 60 days.
20180HB2049PN2976 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20