Can Landlords Limit Certain Dog Breeds Because of Insurance?
I manage a property with a no-pets policy and am in the process of leasing it. The landlord decided to lease to a hearing-impaired tenant who is requesting her dog, a pit bull, be allowed as her assistance animal. The owner of the property has a homeowners insurance policy that prohibits "vicious" breeds, including pit bulls. What can the landlord do?
Generally speaking, the landlord must grant a reasonable accommodation, unless an exception applies. An accommodation is unreasonable if it imposes an undue financial or administrative burden on a housing provider’s operations. According to a 2006 memo from the U.S. Department of Housing and Urban Development, if a housing provider’s insurance carrier would cancel the insurance policy, substantially increase the costs of the insurance policy, or adversely change the policy terms because of the presence of a certain breed of dog or a certain animal, HUD will find that this imposes an undue financial and administrative burden.
Therefore, it is possible that the landlord may be able to deny this request for the assistance animal if there is the existence of such a restriction in the owner’s insurance policy. This situation may be perceived as an undue financial or administrative burden if the insurance carrier would cancel, substantially increase the costs, or adversely change the terms of the insurance policy if the landlord allowed the pit bull to reside with the tenant. However, because the HUD investigator will research this if a complaint is filed, the landlord may want to ascertain whether comparable insurance is available without the restriction before denying the request.
Interesting. In a recent HUD webinar, the lady from HUD said not to use insurance as a reason to deny. it is not an undue hardship ( you can find it elsewhere) & the insurance company may be in violation of FAIR HOUSING.
Really! A pit bull as an assistance animal!
Yes, many pit bulls are used as assistance animals and even therapy dogs. They are not called the ‘nanny’ dog for nothing!
I have noticed increadible changes in autistic children with pitbulls as emotional support animals. It is how a owner trains them, not the bread that causes the problems you hear about. They are amazing animals!
I have one is that a problem?
Yes I have one as well. They are only vicious when trained to be. My pit has been to doctor’s offices and around children and adults alike and has never posed any type of threat to anyone. They get a bad rep from people who abuse and train them to fight or be vicious. I was afraid of them and all dogs in the beginning but now I have had my pit for almost 6 years and can not even fathom life without her.
A tough call…when words are vague kike “undue” a court may be the place where it is determined in the end. BTY>..another baby mauled last week by a “family” dog, yes a pit bull.
Before you unduly disparage an entire breed of dog, you may want to do some research:
http://www.aspca.org/about-us/aspca-policy-and-position-statements/position-statement-pit-bulls
http://pets.webmd.com/dogs/features/pit-bulls-safety#1
http://www.avma.org/news/javmanews/pages/171115a.aspx
Please provide a link to the article you cited stating “another baby mauled last week…” I would like to read more about that specific incident.
The most commonly reported dog breeds involved were pit bulls (24 deaths), followed by rottweilers (16 deaths), and German shepherds (10 deaths).
http://www.medicinenet.com/dogbite-_fatal_dog_attacks/views.htm
Cocker Spaniel dogs do not bite into the neck, hold on like a vice grip and shake violently.
Not true at all what is your source?
You expect me to remember my source from a year ago?? I can barely remember my name when I get up in the morning.
My personal experience is a neighbors pit bull attacked my daschund in my yard. Had I not been there, it would have killed her. Pit bulls are sweet, until they’re not. I do not trust them.
http://www.foxnews.com/us/florida-infant-dies-after-pit-bull-attacks-her-in-crib-police-say
I would NOT allow a pit bull near near children. Once they bite for WHATEVER reason, they will NOT let go. As a Retiree of EPFD I have seen the devestation of such a strong animal can be.
A few years back, the number one reported breed for dog bites was in fact the cocker spaniel…. folks really should rethink the issue of labeling “breeds” as bad or viscous. Further, under ADA, I believe if the animal is certified as a service dog, there can be no exclusion be it for insurance or otherwise.
If a landlord might need to research insurance that does not have a “pit bull” restriction then I find the process of researching other carriers as ALSO being a burden. It could also be a financial burden if the alternate insurance premium is higher.
I had a new tenant tell me that he had a mutt. When he sent shot records, the vet thought the dog was a pit bull. I asked my insurance agent and he said that carrier could deny any claims if they discovered the animal. I had to switch policies and carriers. My rate went from $598 a year to $929 a year. $333 is not going to break me but it does further shave my returns.
Remember we are talking about someone’s investment property. Don’t they have a right not to have animals in their properties? Are the law taking over someone’s rights to decide for them?
Rentals have many lawsuits. Let’s leep this straight forward and not have these judges make the decisions for the owners.
Tenants has too much ‘rights’ already. Why don’t they try going into a hotel and not pay and do they they need to be given 3 days notice?
What so different on pets? If they listed it as no pets , then respect that.
Diana, you are misinformed about the Fair Housing Laws and The American Disabilities Act.
HUDs ruling on emotional support animals is an infringement on property owners rights. Just visit a seedy website, pay a few bucks, have an online consultation, and you get your ESA certificate. Example: http://www.unitedservicedog.com/product/esa-id-card-esa-certificate/?gclid=CjwKCAiAodTfBRBEEiwAa1haupqYnbddinvqhUeKswSfs_fZ14PWU3YyQEMRX7NU7pa3XBlAcFIQjRoCpnwQAvD_BwE
This is a big issues here. They just are trying to get around from having to lay a few or choose a house that doesn’t allowed pets. We have had to be really careful when denying emotional support animals.
Can a Landlord just say no pets allowed? Would that make it easier, OR is this saying we cant deny a tenant with an ESA pet even if we have verbiage “NO pets allowed”?
Even if “no pets” allowed you cannot deny for emotional support dogs.
I actually own rental properties and this is becoming an issue. Every dog is now a support dog. It cost me a lot of money for a dog to be in my homes. No more 350 non refundable pet fees for me. It’s just not enough to cover the cost.
Can you charge a pet fee for a service animal ( not emotional support animal)? Just curious what the ADA laws say about that.
It’s my understanding that you cannot charge a pet deposit/fee for a service animal.
My understanding as well, because a “service animal” is not a pet. They can be required to be vested and leashed at all times when not inside the property, and must remain with the person to whom they are providing “service”. So if the animal does not go to school/work with the person, that’s not valid – IS MY UNDERSTANDING. Just being clear that this is my understanding.
I thought the article was on point: however, David Mozingo, brought a twist to the info. I looking forward to receiving more communication on this matter.
This is becoming a problem for us. We had an application on a rental home and they had 2 Dobermans and one pit bull. They were not listed as emotional support. The next day they go online and register the dogs as ESA. Now we have to rent the house to them and no deposit for the animals. I just can’t believe I have to rent my house to someone with this many dogs that will most likely damage our house. My husband and I worked hard and bought rental houses and paid them off so we could have this… Read more »