Small dog. No pet policy. Exception=policy change?

[Cody Barrett]

If a landlord has a no pet policy but a prospective tenant has a small dog and the landlord makes an exception does that mean the no pet policy has to change to avoid discrimination on the applications/lease etc..? Any bad experiences making these types of exceptions? It's a duplex, upper lower. 1st time landlord. Thanks!

[Thomas S.]

I would be discrimination if you had multiple tenants in the same property. For example a multi plex or apartment building.  You could still be some what selective but it would be difficult to defend in court to allow one tenant to have a pet and deny another. Size or breed could be used to restrict some dogs.

In your case, a duplex, if you allow one you would be required to allow both. Pets or no pets take your pick. You can not have it both ways.