Attention Landlords: You make the call–Renters with service animals on a restrictive or “aggressive” breed list, is it allowed?
Allowing pets in a rental property is often a debatable topic among rental property owners. Determining if you want to allow pets, what type of pets to allow, and what to charge for pet fees are just a few questions that may arise. But what happens when you choose not to allow pets and an applicant has a service animal? What if that service animal is considered an “aggressive breed” or on a restrictive breed list for your community?
Do You Have to Rent to Someone Who Has a Pit Bull As a Service Dog?
Answer: Yes
According to the U.S. Department of Housing and Urban Development, the Fair Housing Act prot
ects those with disabilities in need of service animals and/or emotional support animals. Because of this federal law, an animal considered to be an aggressive breed, such as a Pit Bull, is protected and must be allowed into a rental property if it is determined to be a service animal, despite any local laws that prohibit the breed.
Fair housing laws can be a bit tricky in this regard. If a disability is not obvious, a landlord cannot ask what the disability is, but can ask for documentation that there is a disability with a need for a service or emotional support animal. If the animal is strictly a pet, the landlord has every right to deny any animal or breed of animal.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
“emotional support animals” should not fall under service animals in any association as for the most part this is a sham.
My 21 year old son was murdered last year Aug 31st 2015 .I needed to find an apt temporarily while my other son finished high school. Max left me with his dog leo a pity mix. I was excited when I found an apt that allowed pets,but there was a breed restriction . The apt manager told me I could get a letter from my doctor that he is my confort dog and waved the 50.00 a month fee. Of course your pet if deemed necessary should be included even if it’s a pity . Leo has saved my life. Beth and Leo
Thank you for sharing your story Beth. I’m sorry for your loss and glad you were able to make things work with your current landlord. 🙂 Take care!
Any breed can be a service dog or Emotional Support Dog. Service dogs are covered under American with Disability Act and Emotional Support animal are cover under Fair Housing laws.
So if you think a Pit Bull should not be a working animal then you should email your legislature and see if they can pass this law where they can not be SD or ESD
Do not complain about this breed unless you do something about it working laws.
Pit Bulls Pass ATTS Temperament Test With 86.4%.
This is the second HIGHEST score given to any common American dog breed. Only Retrievers scored higher in tolerance & temperament.
Irrational fear of the breed has led to thousands of displaced and homeless dogs.
Saying a Pitbull is an aggressive breed is just pure ignorance. It’s 100% their upbringing and training. Just like any dog!
Why stereotype? Pitbulls are the 3rd most popular dog in the US. The media also likes to mislabel other dog breeds as American Pitbull Terriers, such as: Staffordshire Terriers, Bull dogs, etc.
You wouldn’t restrict rent to people based on race, right?
So, why do you insist on labeling my pitbull an ‘aggressive breed’?
Imagine a landlord saying, “no black people” they’re prone to aggression or gang violence.
Stereotypes suck, especially when you’re a disabled Marine Corps vet with PTSD and a service dog pitbull, that still can’t find a place to live where I’m not going to be discriminated against!
In my opinion, I don’t want to move anywhere that, even if I’m allowed, I will constantly have to explain to other residents why I’m allowed to have a pitbull there.
I just want to be left alone. I don’t want to go any legal route and I don’t want to have to constantly explain myself.
My dog saved my life. I would rather live on the streets than abandon her based on OTHERS IGNORANCE towards her!
Hi Dan!
Everything you are saying makes total sense. I myself have had a Staffordshire Bull Terrier and 2 Rottweilers and get “the look” from the neighbors, until of course they get to know my dog and realize they wouldn’t hurt a fly. Unfortunately, the stereotypes won’t go away until people are more educated on the matter. Until then, we have to deal with the situation at hand and do our best. Thank you for your military service and the sacrifices you have made for our country, and give your sweet puppy a hug for us 🙂
Tho I don’t rent property, I have a pure game bred American pit bull terrier. We got him from a thug that intended to raise him as a stud dog for fighting. He got busted, we knew the agent that did the bust and got the dog. He has his good canine citizens test (with ease) is now a registered service dog for hearing impaired, and next month starts a second job as therapy dog. This is a highly intelligent, funny, loyal and loving breed that excels in whatever task you ask him to perform. No wonder the breed is at the top of the list as far as gentle temperament ( actually better than the golden retriever according to latest testing). The dogs physical strength combined with his loyalty is why criminals use the breed for fighting. It has nothing to do with the dog coming out of the womb as a mean aggressive breed. It’s quite the opposite. Criminals are the blame for abusing this exceptional breed of dog. Our dog is best friends with our 4 year old grand daughter. I can assure you this breed would much rather be upstairs playing dress up with a child than be hooked to a logging chain 24/7
I just thought I would clear up any mis information about the breed. You simply won’t find a more loving, hard working and dedicated breed.
Thank you for your comment Ron and thank you for being a responsible dog owner!
Have a neighbor who just moved in and has a pit. She says he is a service dog but, if I come onto my porch he watches and growls. When I bring my Llhasa Apso out, this dog goes crazy. He’s on a long chain staked in the yard which he yankes so hard I’m afraid it will break. He’s growling and barking. When the owner tells him to stop he doesn’t and she eventually takes him inside. He never respond to her after one command, she keeps talking and he keeps doing whatever until he gets tired or she takes him in. Just want to know if this is typical for a trained dog?
Hi Genny,
We are not experts in identifying trained service dogs or their behavior so I wouldn’t be able to answer that for you. But keep in mind, there is a difference between a service animal and an emotional support animal. Service animals are trained to provide a service that a person can not do or has difficulty in doing, a seeing eye dog for example. The role of an emotional support animal is to just provide comfort to the owner, for example, someone with PTSD. In some cases, you have people who claim an animal is one of these types of service providers and have found doctors online who will provide the proper documentation for the animal to be accepted in a rental home, airplane flight, etc.
Chanda,
Have you actually read what qualifies a service dog to be a service dog? Better yet have you ever actually met anyone with full blown PTSD? The only thing worse than a stupid person is a stupid person who thinks they’re smart.
Joe, if you’re interested in more resources on service animals, we encourage you to check out ADA.gov, particularly https://www.ada.gov/service_animals_2010.htm or https://www.ada.gov/regs2010/service_animal_qa.html.
Thanks, and good luck!
Hi Chanda, My name is Kathy and I already have 2 service dogs … One being a German Shepherd, and the other a Australian herding dog. My question is, I’m turning my Red Nose Pit Bull into a service dog as well next week, where I live in Bradenton Florida, do I have to carry canine liability just because she is a Pit Bull (No history of aggression nor attack/bite issues)? I live in government low income housing run by HUD just so you have an idea of rules and/or laws.
Great question, Kathy. The laws and regulations vary from state to state (even county to county), so it would be in your best interest to work with a local specialist. Also, the agreement for your housing will should be evaluated. Sorry we can’t be of more help in your specific situation, but good luck! Feel free to come back and let us know how it goes and what you find out.
Hi, my husband and I are wanting to register our pitbull mix as an emotional support animal. We are looking for some places to rent and all the places we have went to say they don’t allow pits. I feel like when we say we have a pitbull even when it is an emotional support dog, people will still dismiss our applications if that makes sense. Do you have any suggestions? Thank you 🙂
Hana, federal law trumps local law, so in this case, if you successfully register your pitbull mix as a service animal, it should not be used as a reason to dismiss your rental application. Good luck!
As a homeowner, I too have rights about ADA and dog ownership. The landlord may be granted an exception if (a) his building has four or fewer units and the landlord resides in one of those units, or (b) the landlord is a private owner who does not own more than three single family houses, does not use real estate brokers or agents, and does not use discriminatory advertisements.
I personally fall into this category and do not rent to anyone who has dogs larger than 25 lbs. O actually had someone tell me that their pittbull was a service snimal and I had to rent to them. When I explained the exception, they tokd me they had found someone to take care of their dog. Give me a break! What liars!
Hi my name is kathy and my daughter diamond has a ESA pet (pit bull) we had him since he eas a puppy now three years later we lost our home and currently live in the New York City shelter are dog Mason who is a loving Pitbull has been denied even having psychiatric recommendations with his name on it as an emotional support animal my daughter suffers from bipolar disorder ADD ADHD schizophrenia anxiety attacks and severe depression she’s only 16 years old and has been diagnosed since Young she has been in and out of hospitals her whole life since our family adopted Mason she has still out of the hospital said settings once we fell in the shelter and Mason was denied residency for being a pitbull my child ended up back in the mental health psychiatric hospital the doctors there also gave a letter in support that her dog be reunited with her and we are still being denied what can I do my daughter’s Mental Health is at risk
Please contact a local attorney with your questions.
I am a combat veteran with severe PTSD and I suffer from severe anxiety when I am in either confined or crowded places with a lot of people, and especially when everyone is talking at once.
But as a service dog own I believe there has to be a mutual respect between a landlord and tenet. Honestly if I knew you wouldn’t rent to myself and my pit bull I would just move on. I wouldn’t want bad blood, I would live on the street before I would give him up.
And I believe that the owner of a private residence has the right to decide what they are comfortable with, because if you are not comfortable then I definitely wouldn’t be comfortable. You pay the taxes, you have to pay the insurance, you have to ensure that there is upkeep and maintenance done. So it would be benificial to all parties to think that way.
Hello just have a few things id like to share from my experience with the pitbull breeds. I dont have anything to say about the whole rent or laws issue besides you have a problem with my dog so i wont rent from you or try to change your mind. Thanks to our veterans you should have the privilege to rent your property to who you want. As far as these states and towns banning the breeds as a whole your not doing your research on them and punishing not just the breed but the ppl around them. This post is more for the combat veterans looking for that loyal companion that will never leave them in any battle physical or mental and to raise awareness for the pitbull type breeds. It is the worlds most versitile breed it is good at and can be used in absolutely everything you would need a working dog for no matter what the job is. I will always recommend a pitbull type breed to anyone especially combat veterans who look for the die for me die for you attitude. BUT IT IS VERY IMPORTANT TO DO THE RESEARCH AND LOOK IN THE HISTORY OF PITBULL TYPE BREEDS… research could save lives and tickets so know what you have.
I also am a combat veteran did a tour to afghanland as army infantry. I also suffer from PTSD and survivors guilt. About 3 yrs after i got out of army my wife left me and took my 2 boys and lil girl with her so i also get very depressed at times especially around the hollidays. No meds at VA can fix this and counseling makes it worse. But my American pit bull terrier Domino is all i needed to keep me from becoming another statistic. He truly is a life saver and helps me get threw every day. He also helps me feed us so we are every bit of a team. He is not a cure but a big help to my issue’s. I take him every where i go but just a few places. And he is very mad when i leave and overly excited when i get home. Its crazy the personality these breeds can develope.
Ive ownd different cow dogs hounds pitbull type breeds and even strays. But they just cant compete with pitbull type breeds. Any job the healers or hounds had the APBT could do it and do it just as effectively or better. This is a very human friendly dog and has been bred for working beside humans for as long as there have been working dogs. I cant even get on to my kids becouse Domino gets on to me. When ppl ask if hes mean ill tell them not unless you spank your kids he dont like it. These freak pit attacks you hear about on the news or rumours you hear are most likely do to misbehavior on victims side. Not saying its never the dogs fault but the biggest enemy to a pitbull type owner is not doing the research witch should be done no matter what breed of k9 you have. If the owners knew more about thier pet it may not have been left in a position to cause harm. Other reasons could be from the inbreeding caused by un experienced breeders or maybe the animal had a mental illness and lots of rumours and fact websites are not true. Ive seen lots of facts from websites warning about pitbull type breeds that are false. I will say that a pitbull type breed is not for just any dog owner. If your new to the breed i would not recommend taking them for a walk to the park unless done so at a young age and has been introduced to other animals before at young age or raised up around and taught to be nice. So go to private land or somewhere with the least amount of ppl and pets close by walking area. They are very strong in heart and muscler and are hard to hold back once thier mind is set on something. They are animal aggressive due to the jobs they where bred to do long ago. If you cant hold your dog back from leash grab it under the chest and keep its front legs off the ground. I know its hard to belive but you will take 3/4 of its power away by doing this. This dosnt mean that your pitbull type will always be animal aggressive no matter what your pitbull is bred for you can raise it to be different. For example if i run across a really nice bloodline that was specifically line bred for fighting it would not stop me from purchasing the dog. Ive spent enough time with them to know that its how you raise and train them. Its better to find a line breed as long as breeder knows what he is doing he will pull dissieses and disformadies out of the line to better improve the traits of future litters. I have adopted few but had great success with owning older dogs i do not belive they are a 1 owner dog that will turn on you if not raised from a pup. So that i will claim as false also. But ive had much better success as far as good natured to raise from pup.
Now remember this is a very game breed as in having heart or grit. You can over work them for the will to preform for you. They dont know when to stop at anything unless you tell them. If you are stressed or upset it will do whatever it can to please you and make you happy. They even have little tricks they will pull on you. Very strong in personality lol they are easy to bond to becouse of that.
If you want a dog that is strong in heart, intelligent, athletic, and mostly hyper this is it. Very loyal to the core if any action is going on you can bet you pitbull will be there soon. Someone at your door it will be there with you to greet your company but will not let them in untill you say its ok. This breed will put itself in harms way to get you out of it. There is no opponent to big for them. These guys show absolutely no fear to any beast. The American Staffordshire terrier is the first and i think only breed to recive a military war medal. SGT Staffy was the name and said to have protected and comferted wounded soldiers in foxholes till the medic could get to them in WWII. Not trying to premote them as a dog of war but how much they can help a soldier cope with almost anything.
Well i ereased this a few times before i finished so if somethings seem missplaced or talked about more then once im sorry. If you feel i left something out post it. I hope this helps everyone undestand more about the pitbull type breeds.
Hello my name is Heather I suffer from PTSD severe anxiety bipolar ADD and ADHD I was wondering do you have to carry Insurance on a pitbull I have papers on her and all and she’s about to be registered as an emotional support dog
Please check with your local government animal services department or your landlord.
I am a Realtor and have clients with a pit bull. The dog is a registered service/therapy dog. My clients do not have disabilities but take the dog to hospitals, etc. to see those that benefit from his presence. The city in which they want to live has an ordinance banning pit bulls. Does the ADA over-ride that ban or will they need to move elsewhere? Thanks for your opinion in advance.
This is a difficult question because the clients themselves are not disabled. Please contact a local attorney for further guidance.
yes iv ben denide housing becuis i have a pit bull she is a servive dog she i very frendly, i have all proper documentaction proveing she is a service anamal, ydt i have ben denide, what is the best way to file a lawsute for this matter as it is fedral law
Please speak to a local attorney on how to proceed.
I have seizures and kinda fear going out or be alone at home at times I feel with a dog more comfortable he always stays by me also if I twitch at times from seizures and fall he runs straight to me and sits there until I get up he’s a pit bull can he be my service dog?
Please see the following link for requirements: https://www.ada.gov/service_animals_2010.htm
My husband and I have been having an impossible time finding a place to rent in Ma due to his service dog Kya who is an American staffordshire terrier. We had a potential landlord go as far as to say that landlords could simply choose another applicant and good luck renting with that breed. Any advice? She is quiet, sweet and fully documented. It’s so frustrating
Hello,
We advise that you seek local legal counsel.
I have a one-year-old red Pitbull friendly with kids loves people loves yard house trained good walkable dog like to donate it to a veteran for companion where I live I was told I can’t have the dog I am a veteran and I would like to donate it to another veteran who is allowed to have a pitbull or companion it’s free you’re beautiful one-year-old Pit Bull name is Harley please contact me at my phone number or my email my email number is billevertts1955@gmail.com or 863-614-8695 I have less than a week to find this dog a home or have it for Dell please help I would like to donate it to a nother service veteran who needs companion please help as soon as possible
My name is William Everett senior I just posted about giving a pitbull to a disabled veteran I am a veteran myself I live in Oasis Apartments in Bradenton Florida they are not allowing me to keep the dog please help me find this dog a home with a disabled veteran or another veteran who is not disabled who would like to help
My complex has recently been allowing pit bulls. I was told that they are either a mix or service animal. I don’t have anything against these dogs, but on two separate occasions with two different pits, my dogs were almost attacked. Each owner had to struggle to keep their dogs at bay. I was so afraid they would get loose and attack my small dogs. I thought service dogs were trained to ignore distractions, other dogs. I am currently vacating because of this situaton and I wonder if I have grounds to avoid paying the penalty for breaking my lease.
Hello,
We advise that you seek local legal counsel.
I have a question my landlord said his insurance company won’t cover him if we keep our dog which is a pit mix. She is an emotional support dog for my daughter. Is this something they can do or do they have to accept it because she is a support dog? Please help we will be heartbroken if we have to get rid of her.
Hello,
We advise that you seek local legal counsel.
My landlord is making me get rid of my dog he looks pit but the vet put on his papers lab terrier mix. I am going through the process of having him registered as an Emotional support animal. Just waiting on my letter and his papers. Will I be able to bring him back to my home after this. I agreed with the landlord for now till I get my papers so theres no other problmes and i lose my home.
Hello,
We advise that you seek local legal counsel.
Hello
I had to give my dog up today because my apt complex gave me a 5 day notice saying I had unregistered pitbulls!! I went about about 2 months ago to put her on my lease..my paperwork showed she is a dogo argentino. The complex (Mansards) stated that she wasnt allowed because she LOOKED LIKE A PITBULL.
I am bipolar and my dog is my comfort. I checked my leasse and the Dogo Argentino is NOT ON THE RESTRICTIONS LIST.Can I file a lawsuit?
Hello,
We advise that you seek local legal counsel.
I have a American bulldog pit mix she is a rescue dog who was tortured basically then haz had a few fami families because she’s very clingy when we got her it was the best day of Our Lives she is the most amazing friendly loving dog I’ve ever had my husband was hurt on the job 6 months ago and lost his right hand so we have trained her and registered her as a service dog we are now in the process of looking for an apartment and as soon as someone he has her breed didn’t even want to hear she’s a service dog in denial
Cana emotional service
Dog be kicked out of a trailor park? He is a 2 year old pitbull
Tenants and Residents, due to the fact that our office is not licensed to practice law in any state we are unable to answer questions with regard to Landlord/Tenant or other laws or contracts including individual lease agreement questions. For assistance with these items, please contact your local attorney, fair housing authority or other tenant advocacy programs available.
“Comfort Animals” are not considered “Service Animals” in the state of Michigan. Please study the laws so that a wise decision can be made.
Evelyn Jarvis says:
April 6, 2017 at 2:29 pm
My complex has recently been allowing pit bulls. I was told that they are either a mix or service animal. I don’t have anything against these dogs, but on two separate occasions with two different pits, my dogs were almost attacked. Each owner had to struggle to keep their dogs at bay. I was so afraid they would get loose and attack my small dogs. I thought service dogs were trained to ignore distractions, other dogs. I am currently vacating because of this situaton and I wonder if I have grounds to avoid paying the penalty for breaking my lease.
Reply
Michael Stone says:
April 7, 2017 at 9:31 am
Hello,
We advise that you seek local legal counsel.
How do you suggest some one goes about that? What kind of legal counsel would one need? I have this exact situation.
Please look for a local tenant advocacy group, or tenant advocacy lawyer. You can do this by going to Google.com and typing in ‘tenant advocacy group [your area]’, or tenant advocacy lawyer [your area]’, and you should find some results.
Thank you.
Can a landlord require you to remove an emotional assistance dog if that dog has a fight with another dog on the property?
Due to the fact that our office is not licensed to practice law in any state we are unable to answer questions with regard to Landlord/Tenant or other laws or contracts including individual lease agreement questions. For assistance with these items, please contact your local attorney, fair housing authority or other tenant advocacy programs available.
This might be a stupid question but if the breed is banned in your apartment complex and your pit is a emotional support animal do they have to allow them on the property?
Due to the fact that your office is not licensed to practice law in any state would seemingly relieve you from adding any legal insights, period. I see absolutely no value in this response. Just fair and balanced feedback.
I agree with everyone here. Not much to add but just say, at one point pits used to be call “nanny dogs. ” And for good reason.
The answer is No you do not. You go not have any obligation where so called therapy dogs are concerned at all. Every dog in America is a therapy dog. When someone comes with a pit bull service dog you should investigate it because it is most likely a sham. Finally the Congress has been put on notice about the vague language in the ADA that has allowed pit bull owners and others to make a sham out of the ADA is going to be corrected . If a person fakes a service dog they are committing a Federal offense. If their service dog is a pit bull you can be fairly certain it is not a ligetimate service dog. Legitimate service dog agencies which invest close to $50,000per dog for the 2 years it takes to selectively breed and train then match these dogs use primarily Labrador Retrievers and Golden Retreivers., occasionally German Shepherds. They do not permit you to choose or name the dog. They choose the dog and match with their professional judgement and the puppies are named at birth. They keep the name as they are trained for 1/2 to 2 years. Don’t let these frauds push you around. If a dog growls at you or tries to attack another dog it is not a service dog. Call the police or FBI and let them question the fakers.The put bull owners with service dogs is an insult to the incredible dogs that are legitimate. Don’t let them bully you. Did you see the ridiculous comment above that the woman requires three service dogs . I am printing this out and taking it to my congressman as evidence of how put bull owners break the law.
Hi my girl is a pitmix and an emotional support dog for my severly depressed husband, 2 years ago my husband had the start of a compromised immune system and lost the ability to walk he became severly depressed until Penny, we to lost our house so we are in a 2011 fifth wheel, today I went to pay our bill for the week and they told me we had to leave. they didnt want to hear that she was registered as an emotional support dog. we are homeless and now we have to look for somewhere else to go because of uneducated people like the employee at the desk
Due to the fact that our office is not licensed to practice law in any state we are unable to answer questions with regard to Landlord/Tenant or other laws or contracts including individual lease agreement questions. For assistance with these items, please contact your local attorney, fair housing authority or other tenant advocacy programs available.
I am a landlord and I need advice. I have people wanting to rent from me that have a service pit bull dog. Will my Florida Insurance be cancelled for allowing this dog? I have no problem with it but as they are on the “list” I want to be sure.
Thank you for this website!
True service animals are covered under not only the Federal Fair Housing Act but also the Americans with Disabilities Act, so you need to check with legal counsel to see whether you are required to adhere to these laws in this situation. If you are required to adhere to these laws and accept this animal as a service animal, then check with your legal counsel because your insurance company should not be able to cancel your insurance.
Hello, I was afraid of pits until my son introduced my grandsons and I to our first pet, whom is a Pit mixed with Lab. He’s so adorable, Prince was a puppy when we first met, now he’s 1 1/2 . I’m diagnosed with Depression, Severely as my mental health physician puts it. Our pit Prince, noticed my condition, while I would feeling down ,staying in bed, with the door he would cry scratching on my room door getting my attention, I would allow him entrance and would try to get back in bed, he would nip my socks and pull me away from the bed preventing me from lying down, I knew from that moment he sensed something was wrong with me, from that day I continue to seek help with my mental illness Prince brings me joy, but I’m sadden and hurt tremendously due to certain circumstances our family speparted we became homeless, a friend of our family was generous to hold him while were temporarily reside In Homeless Shelter, was ask by his Manager to remove him are he too would be asked to move, my grandsons are torn, were all sadden because are backs are up against the wall we have no place to take him We tried calling various animal shelter for temporarily shelter yet there all saying they’ll only able to relive him from us.
Landlords…here’s a tip (I’m a trained disability advocate for the last 20 years)
Those online registries?… They are scams and hold no legal weight. You should, under NO circumstance accept documentation that a dog is any particular thing via cards or online certificates or vests.
You request MEDICAL DOCUMENTATION that they have a disability that impairs one or more major life activities from a doctor that they would have had in-person access to…no doctors across the country (unless they just moved from across the country and brought the letter with them). The only thing that is legal is some kind of documentation from a doctor that they are disabled as stated above and require the animal they are requesting clearance for (or more generally that they require an emotional support animal or a service dog)
I have not seen allergies or muzzles addressed on this topic. Our building has a no pet rule that was initiated due to allergies. A person is trying to bring in a pit bull as an emotional support dog. Pit bulls are known to shed a lot. We only have one service elevator for all tenants. Do the tenants with allergies have any rights? Does the building have any rights to mandate a muzzle be put over the mouth of the dog when it is in the common area which includes the elevators and hallways?
Due to the fact that our office is not licensed to practice law in any state or province we are unable to answer questions with regard to Landlord/Tenant or other laws or contracts including individual lease agreement questions. For assistance with these items, please contact your local attorney, fair housing authority or other tenant advocacy programs available.