Harrisburg, PA —The Pennsylvania Human Relations Commission (PHRC) recently ordered a housing provider to pay nearly $23,000 in a housing discrimination case, involving the denial of an accommodation for an emotional support animal (ESA).
The Commission found that the housing provider violated the Pennsylvania Human Relations Act (PHRA) by refusing an ESA accommodation and retaliating against the Complainant because of their disability.
“This final order sends a clear message: Pennsylvanians with disabilities cannot be pushed aside or penalized for requesting the accommodations they need to live safely and independently,” said PHRC Interim Chair Curtis Jones, Jr. “The Commission will vigorously enforce state law to ensure that housing providers understand and meet their obligations.”
The Commission ordered the housing provider to:
- Cease and desist from discriminating against the Complainant.
- Complete Fair Housing training provided by the PHRC.
- Pay the Complainant $929.23 in reasonable out-of-pocket expenses.
- Pay the Complainant $20,000 in compensatory damages of embarrassment and humiliation.
- Pay the Commonwealth of Pennsylvania $2,000 as a civil penalty.
“Civil rights protections cannot depend solely on shifting federal enforcement priorities,” said PHRC Interim Executive Director Amber J.E. Harris. “Pennsylvania has its own laws, and the PHRC has a responsibility to enforce them. Emotional support animals can be essential to ensuring that individuals with disabilities have equal access to housing. When a reasonable accommodation is required under state law, denying that accommodation is discrimination. Housing providers must understand that their obligations under the Pennsylvania Human Relations Act remain in effect.”
In a memo sent out in May 2026, the U.S. Department of Housing and Urban Development (HUD) rescinded its prior position that ESAs must be accommodated under federal Fair Housing Act guidance, narrowing its investigations to trained service animals only. However, HUD’s memo does not change Pennsylvania’s laws.
“While federal guidance has shifted, Pennsylvania’s requirements have not,” said PHRC Director of Fair Housing and Commercial Property Brittany Mellinger. “Under the PHRA, ESAs are still fully protected as reasonable accommodations in housing. Landlords must ensure their policies comply with state law.”
Housing providers who unlawfully deny ESAs may face PHRC investigation, legal consequences, and penalties.
On October 1, 2026, the PHRC opened a 45-day public comment period to gather feedback on proposed Assistance, Emotional Support, and Service Animal Guidance. This guidance if approved would clarify important definitions, reasonable accommodation standards, verification procedures, and limitations on when an animal may be excluded due to direct threat or undue hardship.
Guidance is used to inform the public on how laws will be interpreted and applied under the PHRA. The guidance ONLY covers existing laws. Public comment is used to inform the language and topics covered in the guidance.
The PHRC is inviting members of the public, advocacy organizations, housing providers, educators, employers, and other stakeholders to submit comments from now until November 15. For more information about the guidance and how to submit a comment, visit the PHRC website.
About the PHRC:
The Pennsylvania Human Relations Commission enforces state laws that prohibit discrimination and promote equal opportunity for all people. The PHRC investigates complaints of discrimination in employment, housing, education, and public accommodations. Anyone who has experienced discrimination is urged to file a complaint by calling 717-787-4410. Information and resources are also available on the PHRC website. Follow the PHRC on X, Facebook, Instagram, LinkedIn, and YouTube.
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