Typically, a landlord will have a difficult time establishing that an emotional support animal constitutes a fundamental alteration or undue burden.
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 based on breed?
A landlord is permitted to refuse accommodation for a service animal based on breed if allowing the animal would be unreasonable. For example, if your insurance carrier drops your coverage because of a restricted breed on the premises, you may be able to refuse the service dog.
Does a landlord have to allow an emotional support animal?
Can a Landlord Deny an Emotional Support Animal? Emotional Support Animals help aid with an emotional or mental disability. An ESA is a medical tool and not a pet. Under Federal Fair Housing Laws, Emotional Support Animals must have access to apartments with a no-pet policy and are exempt from pet-related fees.
Can any breed of dog be an emotional support dog?
No, your emotional support dog can be of any size and breed. This rule even protects breeds that are commonly discriminated against such as Pit Bulls or Dobermans.
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).