Can a Landlord Reject a Service Dog or ESA Based on Breed?

No, landlords can’t reject your service dog or emotional support animal based on breed. These animals are protected by the Fair Housing Act and the Americans with Disabilities Act, and neither law allows breed-specific restrictions.
This protection covers every type of dog breed you can think of. Your Pitbull service dog has the same rights as a Golden Retriever. A tiny Chihuahua emotional support animal gets the same protection as a massive St. Bernard.
In this article:
- What HUD says about ESA breed restrictions
- What the ADA says about service dog breeds
- Commonly restricted breeds
- How your ESA letter overrides breed restrictions
- What to do if you’ve been denied based on breed
What HUD Says About ESA Breed Restrictions
HUD has stated that “housing providers may not limit the breed or size of a dog used as a service animal or support animal just because of the size or breed…”
This means your landlord can’t point to their breed restriction list and automatically deny your ESA. If you have a German Shepherd as an emotional support animal for PTSD, but your apartment complex has a “no aggressive breeds” policy that includes German Shepherds, your landlord must evaluate your dog’s actual behavior.
HUD requires landlords to look at what your actual animal does, not what they think your breed might do someday, based on assumptions and stereotypes.
What the ADA Says About Service Dog Breeds
Under the ADA, stores, restaurants, and other venues can’t deny your service dog because of its breed. Neither can landlords. Even your local municipal rules don’t apply: “Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others.”
Your service dog can’t ever be excluded because of fears or generalizations about how a certain breed might behave. Instead, there must be a case-by-case evaluation to determine whether a particular service dog can be excluded based on their actual behavior or history.
Commonly Restricted Breeds
Here are some specific breeds that landlords often try to restrict:
Pitbulls and “Aggressive” Breeds
Many housing complexes ban Pitbulls, Rottweilers, and similar breeds, but ESAs cannot be denied based on breed, size, or weight. If your Pitbull is your service dog or ESA, the ban doesn’t apply to you.
More importantly, your landlord can’t deny your Pitbull because they think the breed is dangerous. Those stereotypes don’t matter under the law.
Large Dogs Like St. Bernards or Golden Retrievers
Some places have size limits — maybe 50 pounds maximum. Your 150-pound St. Bernard ESA is still protected. The weight restriction for pets doesn’t affect assistance animals.
Landlords sometimes worry that big dogs cause more damage. That perception alone can’t be used to deny housing. Your gentle giant golden retriever service dog has the same rights as a small dog, regardless of what the landlord thinks about large breeds.
Small Dogs Known for Barking
Chihuahuas, Jack Russell Terriers, and other small breeds are sometimes banned due to noise issues. Again, if your Chihuahua is your emotional support animal with proper documentation, the landlord cannot use breed as a reason to deny housing.
The stereotype that small dogs are yappy doesn’t give landlords permission to automatically reject them.
To reiterate, any risk assessment must be based on your animal’s actual behavior, not assumptions about the breed.
How Your ESA Letter Overrides Breed Restrictions
Your emotional support animal letter from a licensed mental health professional is the single document that can completely override breed restrictions, weight limits, and pet policies.
An ESA letter is what actually turns your pet into an emotional support. With that ESA status, your pet is now exempt from breed discrimination.
Even if your landlord says “we don’t allow aggressive breeds” or “no dogs over 50 pounds,” your valid ESA letter makes those restrictions disappear. The law requires them to focus on your needs and your dog’s actual behavior, not their breed assumptions.
But despite these breed protections, landlords aren’t completely powerless. They can still deny your animal if it poses a risk to health or safety, or causes substantial property damage. However, this must be based on the specific animal’s behavior.
For example, if your dog bites someone or destroys property, that’s different from a landlord assuming your pitbull might be dangerous someday.
What to Do if You’ve Been Denied Based on Breed
If a landlord tries to deny your service dog or ESA based on breed:
- Point out that breed restrictions don’t apply to assistance animals under federal law
- Provide your valid ESA letter
- Reference the Fair Housing Act protections specifically
- If they still refuse, you can file a discrimination complaint with HUD at (800) 669-9777
Remember, you’re not asking for a favor. You’re requesting a reasonable accommodation that federal law requires, and your dog’s breed doesn’t change that right. Click the link if your service dog was denied by your landlord — you’ll find guidance on how to handle that situation.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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thank you for the information it was very helpful. my biggest problem been finding a place to stay with my siberian huskey i would like to register her as a emotional support dog
I’m eight and a half months pregnant and my boyfriend has a service dog she’s half Staffordshire Terrier half blue heeler very sweet animal and my landlord said they have a breed restriction and I can’t have the service animal here is that true? This is the father of my child.
Since the ADA does not restrict the breeds that qualify as Service Dogs, landlords cannot reject based on its breed alone. You may remind your landlord of the law. If they continue to reject the dog, you can file a complaint with the Department of Housing and Urban Development. You may find this article on Service Dog breeds interesting https://www.servicedogcertifications.org/landlord-service-dog-esa-breed/
Thanks so much for this! I just registered my American Staffie as my ESA and my landlord is telling me that I can’t have her with me because she is an “aggressive breed”. Been looking into ways to get my dog with me. This helps me so much!
I have a pitbull and she’s an amazing service animal what she does is she can tell when my blood sugar drops and reminds me to eat something or if it’s too high remind me to take my insulin
Thanks for being an advocate for them. My esa is a pitbull and he’s the best pupper ever. He’s so sweet but won’t let u in until I allow u to meet him. He does his job well. I have horrible ptsd from being stalked and raped by an x and I feel safer with him around.
Same here!!! I have a Pitsky pit and husky mix she’s mainly pit. She is a Esa but she helps me so much with my blood sugar dropping!!! She also helps me with depression and anxiety as well.
So, that being said if a pitbull attacks a child playing can the parent sue the state or whoever? Because, pitbulls are know to attack moving objects. And owner seems to bring their dog out when kids are playing.
Please tell me you aren’t this stupid Latoya woods 🤦🏾♂️ Very disheartening that you get pit bull confused with chihuahuas
Excellent question Latoya. The state should be sued for being so against the landlords. Most landlords are not rich and have mortgages to pay and having some breed like a Pitt bull in ones rental is a real concern. I had a tenant sneak in a pittbull, he ended up attacking and mauling the tenant upstairs who needed to be rushed to the hospital. I count my lucky stars that I was not sued.
No they are not. The reason pit bulls bite is because they feel threatened. Protecting there owners or the owner has not trained them. There are bad owners not bad dogs
Yes, this original comment is four years old, but I cannot believe what I’m reading here! “Pitbulls are know (sic) to attack moving objects.” What are you saying? I thought maybe we had moved past this whole breed discrimination but apparently, we have not. I have three rescue dogs: A Pitty, a mutt, and a black-mouth curry/shepherd. We are losing our home in foreclosure (which is a whole other story on its own). We need to find somewhere to go within 30 days. I’m trying to find rental property where I can bring my dogs, but anywhere that allows pets, excludes Pitbulls and/or shepherds. I would rather live on the streets than give up my family. Why is this still happening? How can companies not insure or facilities not allow people a place to live because of a dog breed. My Pitbull wouldn’t harm a fly.. he’s afraid of his own shadow… he’s amazing with kids and all people.. and if he gets a butt scratch from you, forget it, you’re his new best friend… my heart breaks for him and all the other breeds that are being discriminated against due to no fault of their own. They’re being punished because too many Bully owners took advantage of this breed’s strength and loyalty and turned this breed into something they are really the opposite of. I could go on and on… I wish people would just wake up…
I was just denied rental insurance because my service dog is a pit??!!! Is that legal??? I have never had issues. Never had any complaints filed against him. Never had a landlord complain or had to fix or pay for damages he has caused. He is a service dog.. like is that even a thing?? Anyways Progressive just refused our rental insurance and the lady was sooo incredibly rude about it. She asked about dogs. I said I have a service dog. She asked breed. I said that should not matter because he is a SERVICE dog. Then she had the balls to ask if I knew the difference between ESA and Service Animals. (WOMAN you didnt just go down that damn road with me! ) “Because of what he is.” I repeated again he is a registered service dog. He works all the time to keep me safe. He is not a pet he is working animal. He is treated like royalty because he has saved my life literally. That just hit me all wrong, what he is! He is a life saving necessity for me. UGHHH Has anyone else ever had this happen to them?
AS a landlord there are several breeds we cannot get any insurance on, this is nothing new.
My service dog is dieing. She is pit/ mastiff . My landlord told me I couldn’t get another dog to train nor cou li d it be a large breed. Which I need a large breed dog. I tend to fall a lot or can’t get up from chairs. Mine use to get people, take things to and from people, take showers with me, lean on me if I start to walk funny, and help me up if I hit the ground. Lol she has a heart issue and cyst everywhere. They cant do surgery. Anyways they said nope and I have taken so many times its unreal because she cant work. I dont know what to do.
When I moved into my place 4 years ago, I was told I am not allowed to have any pets at all. My husband got a job traveling away from home and I’m by myself for months at a time. I started to get really bad panic and anxiety attacks and insomnia I have always had fear of someone breaking in to my house. I went to the drs. and he recommended I get an emotional support pet to help me with my anxiety and fear from being alone. I didn’t consult with my landlord and I ended up getting a 7 week old Doberman puppy. I then registered him as an emotional support animal. I told my landlord the situation and guess what? I was told I had 2 months to move. They said, because of the breed, I was not allowed to keep him. That I either had to get rid of the dog and get a different breed or move out. Is that something they can do? Does anyone know? I did sign a contract accepting the no pet policy, but because we’ve been great tenants and maintained their property well taken care of, I didn’t think there was going to be a problem. Now, I’m really stressed out. I’m in love with my dog and I feel so much better being home alone. I’ve been looking for rentals everywhere and I haven’t had any luck. Help!
My insurance will not cover certain breeds of dogs. Period. Most won’t. I cannot rent the house if it’s not insured. (I rent a single-family home that’s on my farm—not in the retail rental business.)
State Farm’s homeowner’s insurance does not have any breed restriction.
Yes, State Farm homeowner’s insurance does not have any breed restrictions but they do raise it a TON!