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

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

Kadia LawrencePro Member
Member since 2018 · 118 posts · 24 votes

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

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Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
5mo

@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?

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  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    5mo

    @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?

  • Kadia LawrencePro Member
    OP
    Member since 2018 · 118 posts · 24 votes
    5mo

    Thank you Kevin!  This is in PA.  When did this get outlawed? Also can you elaborate on your question "Does it apply to you as a landlord"? Are you referring to the article you linked?

    • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
      5mo
      Quote from @Kadia Lawrence:

      Thank you Kevin!  This is in PA.  When did this get outlawed? Also can you elaborate on your question "Does it apply to you as a landlord"? Are you referring to the article you linked?


      It was outlawed several years ago. Here is a link to the actual section of law:

      PA Law Section OutLawing Insurers From Banning Breeds

      If you look at paragraph D, it states:

      (d) Insurance coverage discrimination.--No liability policy or surety bond issued pursuant to this act or any other act may prohibit coverage from any specific breed of dog.

      As for whether Fair Housing Law even applies to you, yes I am talking about that link I sent because it lays out the limited exception for small time self managing landlords often referred to as the "Mrs Murphy Exception", I believe. 

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    5mo

    @Kadia Lawrence, you can read a prior post of mine here:

    https://www.biggerpockets.com/forums/897/topics/1277714-tena...

    Paying others to supposedly "screen" pets is a waste of money, as long as you follow the rules. HUD has good guidance here, which is what the strategy I recommend was developed from with the assistance of a team of high priced attorneys for multiple PM clients.

  • MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
    5mo

    I actually saw a Presa Canario today in a hospital. He was probably 150lbs, gorgeous, well behaved but unfortunately intact. It struck me by surprise. Those dogs are amazing but not for inexperienced handlers and I'm not sure whether they should be expected to tolerate strangers in tight public spaces. 

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    5mo
    Quote from @Account Closed:

    This is a tough spot because federal guidelines are usually very strict about not allowing breed or weight restrictions for ESAs. However, if your insurance company explicitly threatens to cancel your policy due to a specific breed, some jurisdictions may view that as an "undue financial burden." It's worth checking with a local fair housing expert to see how that specific conflict is handled in your area.


     Nothing tough about it. PET rules do not apply to Service Animals or Emotional Support Animals. If your insurance Agent does not understand, have them provide you the legal authority for disallowing the Service Animal or Support Animal.

    Per HUD guidance:

    "Pet rules do not apply to service animals and support animals. Thus, housing providers may
    not limit the breed or size of a dog used as a service animal or support animal just because of
    the size or breed44 but can, as noted, limit based on specific issues with the animal’s conduct
    because it poses a direct threat or a fundamental alteration."
  • Kadia LawrencePro Member
    OP
    Member since 2018 · 118 posts · 24 votes
    5mo

    Ah okay, thanks Kevin!

    The citation seems a bit confusing with the reference to agriculture, but I will look into it. Thanks again! 

  • Real Estate Agent · Memphis · Member since 2026 · 606 posts · 353 votes
    5mo

    This is one of those areas where the legal framework matters more than standard pet policy.

    • Under the Fair Housing Act, ESAs and service animals aren’t treated the same as pets, so typical breed or size restrictions usually don’t apply.

    • You generally can’t deny based on breed alone (e.g., pitbull). Any denial has to be based on the specific animal posing a direct threat to health/safety or a significant risk of damage.

    • Insurance can factor in, especially if there are explicit breed exclusions, but it’s not always automatic. It typically comes down to whether accommodating the animal creates an undue burden (like loss of coverage or major cost increases).

    • The safest approach is having a consistent process: proper ESA documentation, evaluating the individual animal (not the breed), and documenting your decision-making.

    • Blanket policies tend to create more risk than protection in these cases.

    This is one of those situations where it’s worth double-checking with local counsel or your insurance provider before making a final call.

    • Kadia LawrencePro Member
      OP
      Member since 2018 · 118 posts · 24 votes
      5mo
      Quote from @Jim Johnson:

      This is one of those areas where the legal framework matters more than standard pet policy.

      • Under the Fair Housing Act, ESAs and service animals aren’t treated the same as pets, so typical breed or size restrictions usually don’t apply.

      • You generally can’t deny based on breed alone (e.g., pitbull). Any denial has to be based on the specific animal posing a direct threat to health/safety or a significant risk of damage.

      • Insurance can factor in, especially if there are explicit breed exclusions, but it’s not always automatic. It typically comes down to whether accommodating the animal creates an undue burden (like loss of coverage or major cost increases).

      • The safest approach is having a consistent process: proper ESA documentation, evaluating the individual animal (not the breed), and documenting your decision-making.

      • Blanket policies tend to create more risk than protection in these cases.

      This is one of those situations where it’s worth double-checking with local counsel or your insurance provider before making a final call.


       Thank you for this!

  • Member since 2025 · 45 posts · 47 votes
    5mo

    With the recent ESA lawsuit where the court sided with the landlord, the whole ESA situation has changed and HUD changed their guidelines... I agree with all those that suggest you find legal counsel for your state.

    • Kadia LawrencePro Member
      OP
      Member since 2018 · 118 posts · 24 votes
      5mo
      Quote from @Isadore Swartz:

      With the recent ESA lawsuit where the court sided with the landlord, the whole ESA situation has changed and HUD changed their guidelines... I agree with all those that suggest you find legal counsel for your state.


       Thank you! 

    • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
      5mo
      Quote from @Isadore Swartz:

      With the recent ESA lawsuit where the court sided with the landlord, the whole ESA situation has changed and HUD changed their guidelines... I agree with all those that suggest you find legal counsel for your state.


      Please provide your source for this specific lawsuit.
  • Kadia LawrencePro Member
    OP
    Member since 2018 · 118 posts · 24 votes
    5mo
    Quote from @Account Closed:

    This is a tough spot because federal guidelines are usually very strict about not allowing breed or weight restrictions for ESAs. However, if your insurance company explicitly threatens to cancel your policy due to a specific breed, some jurisdictions may view that as an "undue financial burden." It's worth checking with a local fair housing expert to see how that specific conflict is handled in your area.

    Okay thank you!
  • Member since 2025 · 45 posts · 47 votes
    5mo

    Effective September 17, 2025, HUD withdrew key guidance (FHEO 2020–01 and 2013–01) regarding Emotional Support Animals (ESAs), removing the strict federal framework for evaluating ESA requests. While the Fair Housing Act still protects the right to reasonable accommodation for ESAs, landlords have more discretion, and documentation standards are now largely governed by state law rather than federal guidelines

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