Generally, landlords must adhere to rules set forth by the Fair Housing Act (FHA). The FHA prohibits housing discrimination on account of race, color, religion, national origin, sex, familial status, or disability. Emotional Support Animals (ESAs) are included within the protections afforded to people with disabilities under the FHA. It is illegal for landlords to deny an ESA based solely on its breed. The FHA focuses on the individual’s need for the ESA, not the animal’s characteristics. If a landlord denies an ESA because of its breed, it may constitute a violation of the FHA.
Fair Housing Act and Emotional Support Animals
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on characteristics including race, color, religion, sex, familial status, national origin, and disability. This includes discrimination against people with disabilities who use emotional support animals (ESAs).
ESAs are animals that provide emotional support to people with disabilities, such as people with anxiety or depression. They are not considered pets, and they are not required to be trained or certified. ESAs can be any type of animal, including dogs, cats, rabbits, and even miniature horses.
Landlord’s Obligations
- Under the FHA, landlords are required to make reasonable accommodations for tenants with disabilities, including those who use ESAs.
- This means that landlords cannot deny housing to someone because they have an ESA.
- Landlords also cannot charge extra fees or deposits for ESAs.
Breed Restrictions
Some landlords have breed restrictions on their properties. This means that they do not allow certain breeds of dogs or cats, such as pit bulls or Rottweilers.
Landlords cannot enforce breed restrictions against ESAs. This is because ESAs are not considered pets, and they are protected by the FHA.
If a landlord tries to deny housing to someone because of their ESA, the tenant can file a complaint with the Department of Housing and Urban Development (HUD).
Table: Landlord’s Obligations Regarding ESAs
| Landlord’s Obligations | Examples |
|---|---|
| Make reasonable accommodations | Allowing a tenant to keep an ESA in a “no-pets” building |
| Cannot deny housing | Refusing to rent to someone because they have an ESA |
| Cannot charge extra fees or deposits | Charging a pet deposit for an ESA |
| Cannot enforce breed restrictions | Refusing to allow a pit bull ESA in a building with a breed restriction |
Conclusion
Landlords cannot deny housing to someone because they have an ESA. This is a violation of the Fair Housing Act. If a landlord tries to deny housing to someone because of their ESA, the tenant can file a complaint with HUD.
Reasonable Accommodations and Breed Restrictions
Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs). However, landlords may restrict certain breeds of dogs due to safety concerns or other legitimate reasons.
Reasonable Accommodations
- Landlords must allow ESAs in housing, even if the property has a no-pets policy.
- Landlords cannot charge extra fees or deposits for ESAs.
- Landlords cannot breed discriminate against ESAs.
Breed Restrictions
Some landlords may have breed restrictions for the following reasons:
- Safety concerns: Certain breeds of dogs are more likely to be aggressive or cause damage to property.
- Insurance policies: Some insurance companies may not cover properties that allow certain breeds of dogs.
- Local ordinances: Some cities or counties have ordinances that restrict certain breeds of dogs.
If a landlord has a breed restriction, they must be able to demonstrate that it is necessary for a legitimate reason. For example, a landlord may be able to show that a breed restriction is necessary to protect the safety of other tenants or to comply with an insurance policy.
Landlords cannot breed discriminate against ESAs. This means that they cannot deny an ESA based on its breed, even if the landlord has a breed restriction for other dogs.
| Can a Landlord Deny My ESA Because of Breed? | Answer |
|---|---|
| Can a landlord deny an ESA based on breed? | No, they cannot discriminate against ESAs based on breed |
| Can a landlord deny an ESA if they have a breed restriction? | No, they cannot |
| What recourse do I have if my landlord denies my ESA because of breed? | Contact the Fair Housing Act |
If you are denied an ESA because of its breed, you can file a complaint with the Fair Housing Act (FHA).
Health and Safety Concerns Related to Certain Breeds
While the Fair Housing Act (FHA) prohibits housing providers from discriminating against tenants based on their disability or the need for an emotional support animal (ESA), there are certain instances where a landlord may deny an ESA request due to health and safety concerns related to specific breeds.
These concerns may include:
- Aggressive behavior: Some breeds may have a higher propensity for aggressive behavior, which could pose a risk to other tenants or the landlord.
- Size and weight: Large or heavy breeds may cause damage to the property or injure others, especially if they are not properly trained.
- Health risks: Certain breeds may be more prone to certain health conditions that could pose a risk to other animals or humans, such as allergies or infections.
- Noise and nuisance: Some breeds may be more vocal or active, which could disturb other tenants or violate noise ordinances.
In order to determine whether a breed poses a legitimate health or safety concern, landlords may consider the following factors:
- The specific breed of the animal
- The size and weight of the animal
- The animal’s temperament and behavior
- The animal’s training and socialization
Landlords must also consider whether there are any reasonable accommodations that can be made to allow the tenant to keep their ESA, such as additional training or a pet deposit.
| Breed | Health and Safety Concerns | Reasonable Accommodations |
|---|---|---|
| Pit bull | Aggressive behavior, size and weight, noise | Additional training, pet deposit, muzzle |
| German shepherd | Size and weight, noise | Additional training, pet deposit |
| Rottweiler | Aggressive behavior, size and weight | Additional training, pet deposit, muzzle |
| Doberman pinscher | Aggressive behavior, size and weight | Additional training, pet deposit, muzzle |
| Chow chow | Aggression, noise | Additional training, pet deposit |
If a landlord denies an ESA request based on health or safety concerns, they must be able to provide a legitimate, non-discriminatory reason for their decision. The landlord must also engage in a dialogue with the tenant to explore reasonable accommodations that may be possible.
Landlord’s Right to Protect Property
Landlords have the right to protect their property and the tenants living in it. This includes the ability to deny a request for an emotional support animal (ESA) if the animal poses a threat to the property or other tenants.
Tenant’s Rights and Responsibilities
- Tenants have the right to request an ESA.
- Landlords cannot discriminate against tenants with disabilities or deny them housing because they have an ESA.
- Tenants must provide documentation from a healthcare professional stating that the animal is an ESA.
- Tenants are responsible for any damage caused by their ESA.
Breed-Specific Restrictions
Some landlords may have breed-specific restrictions in their rental agreements. This means that they may not allow certain breeds of dogs or cats in their properties. These restrictions are usually based on the landlord’s experience with certain breeds or on local laws.
If a landlord denies a request for an ESA based on a breed-specific restriction, the tenant may be able to challenge the decision in court. The tenant would need to show that the breed restriction is discriminatory or that the animal does not pose a threat to the property or other tenants.
What to Do If Your Landlord Denies Your ESA Request
If your landlord denies your request for an ESA, you can take the following steps:
- Contact the local fair housing office.
- File a complaint with the U.S. Department of Housing and Urban Development (HUD).
- Contact a lawyer who specializes in housing discrimination.
Table: Landlord’s Right to Deny ESA Requests
| Reason for Denial | Landlord’s Right to Deny | Tenant’s Options |
|—|—|—|
| Animal poses a threat to property or other tenants | Yes | Contact local fair housing office, file complaint with HUD, contact lawyer |
| Breed-specific restriction in rental agreement | Yes, but tenant may challenge decision in court | Contact local fair housing office, file complaint with HUD, contact lawyer |
| No documentation from healthcare professional | Yes | Provide documentation from healthcare professional |
| Animal has caused damage to property | Yes | Pay for damages |
Thanks for taking the time to read our article on whether a landlord can deny your ESA based on breed. We understand that finding a place to live with an ESA can be a challenge, and we hope this article has given you some helpful information. If you have any other questions, please feel free to contact us. And be sure to check back later for more informative articles like this one. Thanks again for reading!