Legal Question in Disability Law in Pennsylvania

Re: Emotional Support Dog Question

You asked about being able to keep Emotional Support Dogs (ESDs).

ESDs do not have or engender the same class or respect as comprehensively trained and certified assistance or service animals. That is not to say that they do not occupy a special place but their place as a legal right is not necessarily as defensible and often does not rise to the level of a right.

There are two aspects to the rights enjoyed by persons with service animals that bolster the privilege of legal recognition. The person using (or in many cases training) the service animal is certified in such a capacity. Also, the assistance animal is comprehensively trained and certified to such purpose.

Your claim is not without merit but will need to be asserted in a legal manner whereas you will need to identify yourself as disabled and the condo board may be able to request a certain (reasonable level of proof). Further, you will need to demonstrate that your animal is a service animal in a greater capacity than the average pet. It may be a significant problem to assert that more than one animal is needed to fill the function.

You should speak with an attorney versed in disability law.

Regards,

Roger