Can Your Landlord Refuse Your ESA Dog Based on Breed?

It’s perhaps needless to say that a dog is by far the most popular type of emotional support animal in NY. Dogs actually make amazing ESAs, as they are loving and loyal. They provide you with the support that you need to manage your mental health condition and more. And their happy vibe just brightens up your life.

You perhaps are aware of the plethora of benefits of an ESA certification of your pet too, one of which is the permission to live with your pet even in a no-pet policy place. In fact, thousands are already living in the US with their ESA in a rental property.

But there’s one question that we often get from potential ESA owners- Can my landlord deny me accommodation based on the breed of your ESA dog?

Read on to find the answer to this question.

Can You Landlord Deny Accommodation to an ESA Dog?

As per the Fair Housing Act (FHA), which deals with the rights of an ESA in a living space, a landlord cannot deny accommodation to anyone solely on the basis of having an emotional support dog. It’s not only unethical but illegal too. And by doing so, the landlord may invite serious legal trouble. Under the FHA, one must not discriminate against others on the basis of their physical or mental disability in a housing place. Law clearly states that a landlord must provide reasonable accommodation to anyone, no matter their disability, at their place. And also, it’s their duty to arrange proper living space for the ESA too, given the pet doesn’t cause any unnecessary problems to the landlord or the others living nearby.

You must note that all these rules apply to a “no-pets” policy place too.

Can Your Landlord Refuse a Specific ESA Breed?

The answer to this question would be a blank no. Your landlord cannot discriminate against you on the basis of the breed of your emotional support dog. The rules and laws stated under the Fair Housing Act apply to all the ESA dog breed equally, no matter their shape and size.

What About an ESA Species? Can a Landlord Refuse Some Other Animal?

Well, here the answer would be a yes. A dog, as we know, is one of the most common and totally acceptable animals as an ESA. But if you have any other species, your landlord may refuse it. An ESA, you must understand, is a small and domestic animal- the one which you can easily keep as a pet. But if you have an animal quite huge or dangerous, such as a snake, leopard, or crocodile, etc., you may have to face trouble keeping it in a rental place.

How to Talk to Your Landlord About Your ESA Dog?

See, if you want to keep your ESA at a rented place, it’s best to talk to your landlord as soon as possible. Though they can’t deny or cancel your lease if you take an emotional support dog at home, they may have some questions. They may ask you to show them your ESA letter. And if you talk to them on time, they may even like to make proper arrangements for you and the ESA at their property.

Now, while talking about your ESA with your landlord, it’s better to show them your ESA letter yourself. Also, tell them about the species of your ESA. Other than this, you are not entitled to share anything about your condition with your landlord.

It’s also important to note that some landlords and neighbors may have some problems with your ESA. It may be because they fear them being loud, messy, or dangerous. And you must be prepared for it. While talking to them about your ESA, it’s important to be empathetic to their concerns too. You gotta ensure them that they won’t face any problems with your ESA. Tell them that your ESA is trained and well behaved and it won’t cause any trouble to anyone.

A landlord, as you can understand now, cannot refuse your ESA dog on the basis of their breed. However, you need to make sure you inform them as soon as possible about your ESA needs. And make sure they don’t have to face any problem due to your pup. If you do it, the rest all will stay in your favor.