Quick Answer: Can A Landlord Refuse A Service Dog Based On Breed?

Breed Restrictions

A landlord is permitted to refuse accommodation for a service animal based on breed if allowing the animal would constitute an undue burden.

An example might be if the landlord’s insurance carrier would drop his coverage if an animal of a restricted breed were kept on the premises.

Can a landlord refuse an emotional support dog based on breed?

A landlord is not allowed to deny a reasonable accommodation based on the animal’s breed, weight or size since there is no restriction for an Emotional Support Animal.

Can a landlord refuse a service dog?

No, a landlord cannot refuse access to a service dog as they are protected by the ADA. A service dog is a medical tool and not a pet. There are two types of assistance animals that have special rights regarding housing.

Do I have to tell my landlord I have an emotional support animal?

You may give your landlord your ESA letter before or after you sign the lease. You are not required to let your apartment management company know that you need or may need an emotional support animal. Remember, the manager, owner or landlord must make reasonable accommodation for you and your ESA under Federal Law.

Can landlords discriminate against dog breeds?

Can landlords discriminate against dog breeds? As hard (and unfair) as it is to hear, a landlord is within their legal right to reject dog breeds from their community – and it all has to do with insurance reasons. But dogs, unfortunately, are not a protected class under the Fair Housing Act (FHA).

So, although a “no pets” policy is perfectly legal, it does not allow a business to exclude service animals. A public accommodation or facility is not allowed to ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal.

Can a landlord ask for proof of a service dog?

Are landlords allowed to ask for service dog papers? Yes, and no. They can ask for proof that the service animal is “prescribed” by a medical professional. In most cases, the tenant will provide a letter from their doctor stating that they have a disability that benefits from a service animal.