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

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Why are there issues with dog breeds and housing?

According to an article published by NIMH, younger adults tend to believe that landlords and property managers discriminate against their animals, specifically if they have large dogs or dogs of a specific breed. Many would also speak of how properties that did accept pets would be less than substandard quality in comparison to the landlord’s pool of available listings and also report paying non-refundable pet fees and monthly pet rents.

For the tenants that contributed to the study, many said residents staying put in their rental apartments longer than those who do not have pets, given the difficulty of finding a place that will accommodate dogs. This difficulty, according to the results of the study, shows that this situation influences the types of dogs younger adults to acquire, such as smaller dogs that are known to work better in apartments. The presented case specifically references pets, not service animals. However, for those with service animals of specific or large breeds, conflicts can occur if the tenant has issues.

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What does the ADA say about service dog breeds?

The Americans with Disabilities Act describes in great detail about the role of service dogs as well as their rules and regulations. Because service dogs have specific rights to public places, it means they can also be any breed.

The ADA does not restrict the type of dog breed that can qualify for a service dog. Because any breed can be a service animal, facilities do not have the right to exclude a service animal based on the animal’s breed. Only if the animal has a history of misbehavior or is not under adequate control of the handler that the animal would be excluded, municipalities that have ordinances for certain breeds must also comply with ADA regulations, thus are not allowed to exclude a service animal off of fears or generalizations of that specific breed.

Because any breed of dog can be a service dog, facilities do not have the right to exclude a service dog based on the dog’s breed. Only if the animal has a history of misbehavior or is not under adequate control of the handler that the animal would be excluded, municipalities that have ordinances for certain breeds must also comply with ADA regulations, thus are not allowed to exclude a service dog off of fears or generalizations of that specific breed. Read: This means Pit bulls too!

Does the Fair Housing Act allow landlords to deny certain breeds as emotional support dogs?

The Department of Housing and Urban Development (HUD) uses a broader term, assistance animals, to encompass animals such as service dogs, therapy dogs, and emotional support animals.

The Fair Housing Act, which outlines the specific protocols and regulations that tenants and residents must follow, argues that housing providers cannot apply breed, size, or weight restrictions to assistance animals. It also agrees with ADA’s protocol that the removal of an animal must be based on the actual animal behavior, and not the assumptions and fears of the type of harms that could potentially happen. This also has protection under the FHA in regards to the potential resident, as those with disabilities are not allowed to be discriminated against because of those disabilities. In alignment with ADA and FHA, service dogs and emotional support dogs cannot be refused. Please note that ESA registration is not required by law, but can assist in identifying your animal as an emotional support animal to your landlord or HOA.

TLDR: Your assistance animal (service animal or emotional support dog) cannot be denied based on breed, size, or weight.

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What to do if your landlord refuses to accommodate?

If your request is reasonable and the landlord denies it, you, as a person with a disability, have the right to request your local government agency to investigate in the matter in claims of discrimination. Some options include:

  • You can file a discrimination complaint with the Department of Housing and Urban Development, either online or you can call the Housing Discrimination Hotline: (800) 669-9777.
  • You can also file a complaint directly with your state’s agency if they investigate discriminatory claims.
  • You can contact a disability attorney.

Can landlords still charge pet fees?

Because service dogs and assistance animals are not considered pets, landlords, co-ops, and HOA’s are not allowed to charge tenants with extra pet fees or pet deposits. However, a tenant can still be charged fees for damages done by the animal to the home. It is also possible to charge residents if the animal is not able to be removed from the premises for misbehavior and/or damages.

If you cannot reach an amicable agreement with your landlord and you suspect they are discriminating agains you, you can seek support from your local Fair Housing Authority. It’s essential to file the discrimination within one year after the date of the discriminatory act, but it is recommended that it should be filed as soon as possible. The HUD or Fair Housing will then either investigate or submit it to another agency to investigate. As the HUD centers around those with disabilities, those that feel their rights were discriminated against can lead to legal actions such as compensation, changes in policies, and discrimination training. If you’re looking to file a discriminatory complaint, you can find more information about the investigation process on the HUD.gov website.

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12 comments

  1. Karla says: April 3, 2021

    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!

    Reply
  2. Nancy says: February 25, 2021

    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.

    Reply
  3. Heather says: January 27, 2021

    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?

    Reply
  4. Latoya M Woods says: September 15, 2020

    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.

    Reply
    • Noah Tyler says: September 26, 2020

      Please tell me you aren’t this stupid Latoya woods 🤦🏾‍♂️ Very disheartening that you get pit bull confused with chihuahuas

      Reply
    • Marina says: October 13, 2020

      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.

      Reply
    • Brenda says: November 30, 2020

      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

      Reply
  5. John Richardson says: September 15, 2019

    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

    Reply
    • Kris says: January 9, 2021

      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.

      Reply
  6. Robert Cheek says: July 29, 2019

    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

    Reply
    • Sabrina B Kreifels says: May 20, 2020

      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.

      Reply

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