Any Restrictions Allowed for ESA dogs (size or breed)?

[Kadia Lawrence]

Hello,
1. If someone asks to bring in a dog as an ESA or service animal that is entirely or in part an aggressive breed (e.g., pitbull), can you disallow that? On what basis?
2. Specifically, if the insurance frowns upon or explicitly forbids certain breeds does that create justification?

Thanks in advance

[Kevin Sobilo]

@Kadia Lawrence, a few thoughts:

1. You should probably post at least your state because some of this could vary a little by state. 

2. For example in my state (PA), the state has outlawed insurance companies from banning dogs based on breed. So, that part of your question is moot in my state. 

3. The first thing I always bring up to people about this issue is "Does it apply to you as a landlord". If it doesn't then you don't even need to dig into the details. 

4. Your state's laws may provide additional protections, but at the federal level some small time landlords who self manage are exempt from fair housing law and do not need to accept an ESA. Here is a resource that explains that:

Does the Federal Fair Housing Act Apply to Your Rental Property?