Pets come in all shapes and sizes, but not all dogs are accepted by society. Although breeds like pit bulls and rottweilers often make wonderful family pets, perceptions about these and other dog breeds have led to breed restrictions, making it harder for owners of these breeds to find housing. Breed restrictions are especially common in rentals and HOA (homeowner’s association) communities. But what happens when your restricted-breed pet is also your emotional support animal?
This article breaks down how ESA protections interact with breed rules under U.S. housing law, so you know your rights when searching for a home with your restricted-breed ESA.
Understanding Breed Restrictions in Housing
Many apartments, condos, and rental homes prohibit certain breeds due to liability or insurance concerns. But, according to the Animal Veterinary Medical Association (AVMA), breed-specific legislation (BSL) can lead to discrimination against responsible dog owners and their animals, and these restrictions don’t address the social issue of irresponsible pet ownership.
Landlords and HSAs commonly ban breeds such as pit bulls (or “pit bull type” dogs), Dobermans, German shepherds, Rottweilers, and Huskies. While these are all powerful dog breeds, the breed alone is not a reliable indicator of whether a dog will bite. As the AVMA explains, any dog can bite, no matter its breed. BSL can also be applied to mixed-breed dogs, as the focus is typically on the animal’s appearance.
What Emotional Support Animal (ESA) Status Means
If you have an ESA letter for your dog, a landlord or HSA cannot legally ban your dog from living with you. ESAs are protected under the Fair Housing Act (FHA), which states that landlords and HOAs must make reasonable accommodations for assistance animals (including ESAs) even if they have breed or size restrictions.
To prove that your dog is an ESA, you’ll need a valid ESA letter from a licensed mental health provider. This letter confirms that your animal supports a diagnosed condition, like depression, anxiety, or PTSD. ESA status provides legal exemptions from no-pet policies, breed restrictions, and pet fees.
Do Breed Restrictions Still Apply to ESAs?
No, breed restrictions do not apply to ESAs protected under the Fair Housing Act. If your dog is a restricted breed but you have an ESA letter proving their status as an assistance animal, the landlord or HSA cannot legally prevent you from keeping your dog in your home.
However, while landlords cannot reject an ESA solely due to its breed, weight, or size, they can object if the dog behaves aggressively or poses a direct threat to safety or property. Like any dog owner, an ESA owner must take responsibility for their animal’s behavior and train them sufficiently so that they aren’t a threat to other dogs or people in the neighborhood.
When Can a Landlord Deny an ESA?
The FHA prohibits landlords from denying an ESA because of its breed. However, there are certain circumstances in which a landlord can deny your ESA request:
- If the animal has a history of aggression or presents a documented safety risk
- If the tenant doesn’t provide a valid ESA letter
- If the accommodation would cause an undue financial or administrative burden (rare and must be provable)
If your landlord denies your ESA based on breed alone, you can take legal action against them because they’re breaking the Fair Housing Act. The landlord must provide documentation to back up their reason for denying your dog access to their housing.
What Your ESA Letter Must Include to Override Breed Restrictions
If your ESA is a restricted breed, it is essential to verify that your ESA letter is legitimate. A landlord or HOA cannot deny an ESA because of its breed by law. Here’s what your ESA letter must include to override breed restrictions:
- Must be written by a licensed mental health professional
- Should confirm that you have a qualifying condition and that the animal helps manage it
- Must include the provider’s license number, contact information, and date
- Keep it updated—many housing providers require letters issued within the past 12 months
Avoid ESA letter providers that promise immediate turnaround or mention an ESA registry (there’s no such thing as an ESA registry). Stick to legitimate providers like Pettable to ensure your ESA letter will successfully override your landlord’s or HOA’s breed restrictions.
How to Present Your ESA in a Breed-Restricted Property
If you’re preparing to move into a property with a breed-restricted ESA, there are several things you can do to ensure the process runs smoothly.
First, submit your ESA letter before you sign the lease or immediately upon request from your landlord or HOA. This way, you can manage any objections early rather than dealing with legal issues while you’re trying to move into your new place.
Maintain all communication in a professional and written format. You want to ensure you have a paper trail of your communications with your landlord or HOA representative in case you need to take legal action against them.
Make sure you emphasize federal protections under the FHA. You can direct your landlord or HOA representative to educational resources about how the FHA protects ESAs and their owners from discrimination if they are new to the process.
Finally, be prepared to address behavior or safety concerns with documentation if necessary. Keep your dog well-trained and help them become an ambassador for their breed. If you need to seek legal assistance, look for an attorney with experience defending ESAs against landlords to ensure a positive outcome.
Final Thoughts: Behavior Matters More Than Breed
Dog breed discrimination is, unfortunately, a real issue. But under federal law, housing providers must accommodate legitimate ESAs—even if they’re a restricted breed. ESA protections focus on the individual’s emotional needs, not generalizations about specific dogs or animals. If you meet the criteria and your animal is safe and well-behaved, you are legally protected.
FAQs
Q: Can a landlord say no to my ESA because it’s a pit bull or Rottweiler?
No. If you have a valid ESA letter, breed restrictions cannot be used to deny housing.
Q: Do HOA breed rules override ESA protections?
No. Federal Fair Housing Act protections apply even in HOA-regulated housing.
Q: Does my ESA need special training to bypass breed restrictions?
No. ESAs do not require training like service animals; only a valid ESA letter is needed.
Q: What if my city has a breed-specific ban?
Breed bans may still apply in public spaces, but for housing, the FHA overrides local restrictions.
Q: Can a landlord charge me extra for having a restricted-breed ESA?
No. ESA owners are exempt from pet deposits and fees under the Fair Housing Act.