No Pet Clause in Pennsylvania

[tachfiend]

What is the name of your state? Pennsylvania(PA)

I recently started living in an apartment complex with a no pet clause. Three tenants had pets. 1 tenant has had a dog for over a year, 1 tenant has had cat(s) for over a year, and myself and another tenant recently got pets. The no pet clause has not been enforced for the other two tenants, but now the landlord has chosen to enforce it with us and and the other tenant. The landlord admitted to knowing about one of the tenants having a dog for "awhile, atleast 6 months" as she stated. She never enforced it with them after knowing about the pet for 6 months. I understand a no pet clause means no pets, but seeing as the clause is being enforced on a tenant by tenant situation, what are my options?

Thank you in advance.

 

[Fl_renter]

Just because a LL decides to let 1 tenant have pets does not entitle you to have pets. There is no legal way to have a pet just because "the neighbor is doing it". The LL reserves the right to enforce their lease at any time.

 

[ncpropmgr]

a few thoughts:

1. Do the other tenants have physical problems that allow them to have pets?
2. Go to www.HUD.org and file a complaint that another tenant is being treated differently than you...NO, landlords can not treat tenants differently!

 

[Fl_renter]

NO, landlords can not treat tenants differently!

So if OP's LL accepts 1/2mths rent from 1 tenant for whatever reason, the LL has to accept 1/2mths rent from EVERY tenant?

 

[ncpropmgr]

So if OP's LL accepts 1/2mths rent from 1 tenant for whatever reason, the LL has to accept 1/2mths rent from EVERY tenant?

You didn't ask a good question, the question you should have asked is:
1. So if the LL accepts 1/2 rent from Sallie, but not Johnny in the same circumstances it would be a Fair Housing violation.
2. If the LL allowed Sallie to have a Chihuhua named Buster at 5lbs, but not let Johnny have Buster, then it would be a Fair Housing violation.
3. The LL let Sallie pay 1/2 the rent due to her A/C not working for the entire month, but Johnny had to pay full rent, then it would be okay, THE REASON matters!!!!

 

[tachfiend]

The funny part is, the dog the landlord knows about is a large dog, its a Lab-Mutt Mix. My dogs are Japanesse Chins, which are each 10lb adults.... the other 2 dogs are miniature dashshunds, will weigh in at 6 lbs each as adults.

 

[tachfiend]

2. Go to www.HUD.GOV and file a complaint that another tenant is being treated differently than you...NO, landlords can not treat tenants differently!

Thank you for the website. I'm searching through the site now, seeing as this whole situation is apparently going to explode tomorrow. If you, or someone else is more familiar with this site, would someone be able to direct me to where it states that specifically? I would like to go in to this situation armed and dangerous with information.
Thank you once again.

 

[Hot Topic]

Could be that once the dogs die, the owners will not be allowed to get another pet, be it dog, cat, canary, rat or goldfish.

 

[ecmst12]

NO, landlords can not treat tenants differently!

Sure they can. A landlord can have different leases for different tenants, for one thing. Maybe one tenant negotiated with the landlord to have pets allowed in his lease by paying a fee, who knows. That would be legal, if it was the case. The landlord can charge different rent to different tenants, even for identical units in the same building. He can allow one tenant to paint the apartment but not another. NONE of the situations you cited would be a Fair Housing violation.

It is ONLY illegal to treat tenants differently if there is a specific law forbidding it. Most discrimination is legal. Illegal discrimination is treating someone differently BECAUSE of a protected characteristic. Federally, those characteristics are gender, nationality, race, religion, family status, pregnancy, and disability. Those with disabilities are of course required to be granted "reasonable accomodations" for their disability, which could include a service animal. (that is absolutely none of OP's business, BTW, whether that is the case for any of the other pet owners). Some states offer additional protections for other classes such as sexual orientation; PA, to my knowledge (and I've lived here all my life), has no such additional protections in place.

So if the landlord wants to allow John to have a pet, but not Bill, unless Bill has evidence that he is being denied only due to one of the above characteristics, it is 100% legal. Have you even READ the fair housing act?

I bet the other dogs in the complex are older and quiet. OP and his friend "recently" got the dogs and at least some of them are still puppies, meaning they're probably noisy, and very likely not 100% house-trained yet, and very likely to cause damage to the apartments.

 

[ecmst12]

Some states offer additional protections for other classes such as sexual orientation; PA, to my knowledge (and I've lived here all my life), has no such additional protections in place.

Ok, I'm going to have to correct myself here since I actually went and looked it up

The Harrisburg Human Relations Ordinance reiterates Title VIII and also prohibits housing discrimination on the basis of ancestry, place of birth, age, handicap/disability, marital status, and sexual preference/orientation and familial status.

However, I'm pretty sure that law is specific to the city of Harrisburg. Other cities in the state could have their own laws, Philly almost certainly does, but I'm not looking up stuff for every town in the state! This is from the PA Human Relations Commission web page:

Discrimination in housing or commercial real estate IS PROHIBITED because of a person's:

race, color, sex, religion, national origin, ancestry, handicap or disability, guide dogs, support animals, age (40 and above), pregnancy, familial status (families with children under age 18), intimidation, use of a guide or support animal due to blindness, deafness or physical disability or because the user is a handler or trainer of such animals, or the disability of an individual with whom the person is known to have a relationship or association.

Poorly worded, but definitely does not mention sexual orientation. The above would be all the classes protected on a state level.

 

[ncpropmgr]

Ok, I'm going to have to correct myself here since I actually went and looked it up



However, I'm pretty sure that law is specific to the city of Harrisburg. Other cities in the state could have their own laws, Philly almost certainly does, but I'm not looking up stuff for every town in the state! This is from the PA Human Relations Commission web page:



Poorly worded, but definitely does not mention sexual orientation. The above would be all the classes protected on a state level.

Nothing against you ECMST12, but damnit..."why can't we come out of the dark ages and claisfy SO as a discrimination...I had a manager once who refused to let two men (or 2 women) live together as they didn't seem to be suitable roommates! We so need a LIBERAL president.

 

[Alaska landlord]

What is the name of your state? Pennsylvania(PA)

I recently started living in an apartment complex with a no pet clause. Three tenants had pets. 1 tenant has had a dog for over a year, 1 tenant has had cat(s) for over a year, and myself and another tenant recently got pets. The no pet clause has not been enforced for the other two tenants, but now the landlord has chosen to enforce it with us and and the other tenant. The landlord admitted to knowing about one of the tenants having a dog for "awhile, atleast 6 months" as she stated. She never enforced it with them after knowing about the pet for 6 months. I understand a no pet clause means no pets, but seeing as the clause is being enforced on a tenant by tenant situation, what are my options?

Thank you in advance.

Your LL's decision may be based on the condition of the unit. For example, the other tenants carpets may need replacement while yours may be new.