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Can a Landlord Refuse a Service Dog Based on Breed, Well you will get your answer soon. Many young people believe that landlords and property managers discriminate against their pets, especially if they have large dogs or dogs of a specific breed, according to an article published by NIMH on Can a Landlord Refuse a Service Dog Based on Breed? Many people also complain that the quality of pet-accepting properties is subpar in relation to the landlord’s pool of available listings, and they mention paying non-refundable pet fees and monthly pet rents.
Because it is difficult to find a location that can accommodate a dog, many tenants who participated in the survey stated they stayed in their rental flats longer than those who did not have pets. Findings from the study reveal that younger persons are more likely to purchase smaller dogs, which are better suited for flats, because of this issue. Pets, not service animals, are the focus of this lawsuit. There may be complications for persons with service animals of certain particularly large breeds if the renter has concerns.
Suggested Read: What Is the Healthiest Dog Breed?
Are Service Dog Breeds Covered by the ADA?
Detailed guidelines and restrictions for service dogs are laid out in great detail in the Americans with Disabilities Act. In order to be a service dog in a public setting, the dog must be of any breed.
The American Disabilities Act does not limit the sort of dog breed that can be used as a service animal. If an animal is a service animal, it doesn’t matter what breed it is. It’s only if the animal’s history of misbehaviour or if the handler is not properly trained that the animal can be excluded. Municipalities that have ordinances prohibiting the use of certain breeds must also comply with ADA regulations, and thus cannot exclude service animals because of their fears or generalisations about that specific breed.
Service dogs can come from any breed, thus facilities cannot deny dogs based on their breeds. On the other hand, communities with breed-specific legislation must adhere to the Americans with Disabilities Act (ADA) and cannot exclude a service dog based on fears or preconceptions about a specific type of breed. This includes Pit bulls!
Emotional Support Dogs Might Be Denied Based on the Fair Housing Act
A broader phrase, assistance animals, is used by the Department of Housing and Urban Development (HUD) to include animals such as service dogs, therapy dogs, and emotional support dogs.
According to the Fair Housing Act, landlords and property managers are prohibited from imposing breed, size, or weight limits on assistance animals. According to ADA’s policy, animal removal must be based on the actual animal behaviour, rather than assumptions and anxieties about the possible consequences. In addition, the FHA protects potential residents with impairments from discrimination, as persons with disabilities are not allowed to be discriminated against.
A service dog or an emotional support dog can’t be turned away in accordance with the ADA and FHA. The registration of your animal as an emotional support animal is not needed by law, but it might help you identify your pet to your landlord or HOA as an emotional support animal.
What Should You Do if Your Landlord Refuses to Budge?
Can a Landlord Refuse a Service Dog Based on Breed? People with disabilities have the right to ask their local government body to examine charges of discrimination if the landlord refuses their reasonable request. Among the possibilities:
Complaints about housing discrimination can be filed either online or by calling the Housing Discrimination Hotline at (800) 669-9777.
If your state’s agency investigates discriminatory accusations, you can also file a complaint directly with them. A disability lawyer can help.
FAQs on Can a Landlord Refuse a Service Dog Based on Breed?
Can Landlords Still Collect Pet Fees?
When it comes to service dogs and other animals that provide aid, landlords and co-ops are not allowed to impose additional fees or deposits on renters because they are not considered pets. Due to damage caused by an animal, however, a tenant can still be charged for any costs they may have to pay. In some cases, people may be charged if the animal is unable to be removed from the premises due to misbehaviour and/or damage.
In the event that you and your landlord are unable to come to an agreement, you may want to contact your local Fair Housing Authority for assistance. However, it is recommended that the discrimination complaint be made as soon as possible, as long as the discriminatory conduct took place within one year of the date of the complaint. Afterwards, HUD or Fair Housing will either investigate or refer the matter to another agency for investigation.
Compensation, policy changes, and discrimination training are all possible avenues of action for persons who feel they have been discriminated against by the HUD because of their disability. On the HUD.gov website, you may learn more about how to file a discrimination complaint and the investigation process.
So, in the end, Can a Landlord Refuse a Service Dog Based on Breed, well yes he can and yet you can find your way through it.
