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PRIOR PRINTER'S NO. 2976
PRINTER'S NO. 3127
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
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 12, 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 ASSISTANCE
AND 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
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emotional support animal when the animal qualifies as a
reasonable accommodation.
"ASSOCIATION." THE OWNERS ASSOCIATION ESTABLISHED TO OPERATE
A CONDOMINIUM, COOPERATIVE OR PLANNED COMMUNITY LOCATED IN THIS
COMMONWEALTH.
"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 OR
ASSOCIATION THAT receives a request from a person to make an
exception to the landlord's OR ASSOCIATION'S policy prohibiting
animals or limiting the size, weight, breed or number of animals
on the landlord's property OR WITHIN PROPERTY CONTROLLED BY THE
ASSOCIATION 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. OR, IN THE CASE
OF AN ASSOCIATION, THE EXECUTIVE BOARD OF THE ASSOCIATION.
(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
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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:
(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 OR
ASSOCIATION shall not be liable for injuries caused by a
person's assistance animal or service animal permitted on the
landlord's property OR WITHIN PROPERTY CONTROLLED BY THE
ASSOCIATION 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
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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
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.
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