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:

1. Point out that breed restrictions don’t apply to assistance animals under federal law
2. Provide your valid ESA letter 
3. Reference the Fair Housing Act protections specifically
4. 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.

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