Can A Landlord Refuse An Emotional Support Dog Based On Breed?

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    2023-10-25T05:29:38+00:00

    Can A Landlord Refuse An Emotional Support Dog Based On Breed?

    The Fair Housing Act (FHA) was created to prevent landlords from discriminating against prospective renters based on race, color, national origin, religion and sex. However, there’s no federal law that prevents landlords from refusing housing to someone who needs an emotional support animal (ESA). In fact, some landlords have argued that they can deny a rental application simply because the tenant has requested an ESA. Fortunately for those in need of ESAs and their families—and despite some stubborn landlords—it’s still illegal for a landlord to refuse housing based solely on needing such an animal.

    The Fair Housing Act protects people with disabilities who need an emotional support animal.

    The Fair Housing Act applies to residential housing, including rental units. The FHA prohibits discrimination against people with disabilities who need an ESA. Under the FHA, landlords cannot refuse your request for an ESA if you have a disability and can provide proof of that disability.

    In addition to being protected from discrimination by federal law, many states also have their own laws protecting individuals with animals in their homes as well as service animals used by first responders or other public servants.

    Under the law, it’s illegal to refuse housing to a person with a disability because they have an ESA.

    Under the law, it’s illegal to refuse housing to a person with a disability because they have an ESA. This means that your landlord can’t:

    • Charge you extra for having an ESA (or any other animal) in your rental unit.
    • Ask you to get rid of your ESA if it’s a reasonable accommodation.
    • Ask you to pay extra for your ESA as part of the security deposit or pet deposit (if they do, they’re breaking the law).

    Landlords may not inquire about the nature or severity of a disability, require medical documentation or impose additional rules.

    Landlords may not inquire about the nature or severity of a disability, require medical documentation or impose additional rules. Landlords may ask for proof that you have a disability but not for the nature or severity of your disability.

    However, if you have a breed of dog that has been banned by your building for health and safety reasons, your landlord may be able to exclude it from the property.

    However, if you have a breed of dog that has been banned by your building for health and safety reasons, your landlord may be able to exclude it from the property. For example, if your apartment building has a no-pets policy but allows service dogs and emotional support animals (ESAs), then they can prevent you from bringing in a pit bull because they are likely to threaten other tenants’ safety and health. Landlords also have the right to set restrictions on certain breeds that would threaten other tenants’ safety and health–so if there’s evidence that this could happen (like if someone had been attacked by one before), it’s not fair for them not to be allowed into apartments or rentals because there would be too much risk involved with having them around children/seniors/etcetera

    Federal law prohibits breed discrimination in housing settings except where necessary to protect children or other individuals from harm.

    Federal law prohibits breed discrimination in housing settings except where necessary to protect children or other individuals from harm.

    Therefore, if you want to keep your Emotional Support Dog (ESD), it’s important that you know how much control your landlord has over the breed of dog you bring into his or her property.

    Landlords can’t simply deny you housing because you want an emotional support dog, but they can set restrictions on certain breeds that would threaten other tenants’ safety and health.

    Landlords can’t simply deny you housing because you want an emotional support dog, but they can set restrictions on certain breeds that would threaten other tenants’ safety and health.

    For example, if your landlord owns a building with a large number of elderly or children living in it, he may not be able to allow pit bulls as pets because they are known for being aggressive toward both groups.

    As you can see, it’s important to know your rights as a tenant with an emotional support animal. While landlords can’t simply refuse housing to someone with a disability who needs this type of assistance, they may be able to set restrictions on certain breeds that would threaten other tenants’ safety and health.

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