Service dogs provide invaluable assistance to people with disabilities, offering support in lots of ways, from helping with mobility to alerting their owners to medical conditions. For tenants who rely on service animals, one question often comes up: do breed restrictions apply to service dogs in rental properties?
Understanding Service Dogs and Their Role
Service dogs are trained to perform specific tasks that aid individuals with disabilities. These tasks are tailored to the owner’s needs, such as guiding someone visually impaired, assisting with mobility, or even detecting changes in medical conditions like blood sugar levels.
According to the Americans with Disabilities Act (ADA), service animals are not considered pets, which is important when it comes to rental housing. This distinction protects service dogs from many rules typically imposed on pets, including breed restrictions.
Types of Breed Restrictions
There are several types of breed restrictions, including:
Breed-specific legislation (BSL): Laws that ban or restrict specific dog breeds, such as Pit Bulls, Rottweilers, and Doberman Pinschers.
Weight-based restrictions: Rules that limit the size or weight of dogs allowed in a particular area.
Age-based restrictions: Rules that restrict the age of dogs allowed in a particular area, often targeting puppies or senior dogs.
Insurance-based restrictions: Rules that require owners of certain breeds to carry additional insurance coverage.
Are Breed Restrictions Legal for Service Dogs?
When it comes to service dogs, breed restrictions do not apply. The ADA prohibits landlords and property managers from denying housing based on the breed of a service dog. A service animal can be any breed, as long as it is trained to perform tasks directly related to the person’s disability.
Fair Housing Act Protections
The Fair Housing Act (FHA) also provides protections for tenants with service animals. Under the FHA, landlords are required to make reasonable accommodations for individuals with disabilities, which includes allowing service dogs even if the property has a “no pets” policy or breed restrictions. Breeds like German Shepherds, which are often restricted, are protected under the FHA when they are service dogs.
This means:
No Breed-Based Denial: A property manager cannot deny a service dog because of its breed.
No Extra Fees: You cannot charge pet deposits or additional fees for service dogs. However, tenants remain responsible for any damage the animal may cause to the property.
State and Local Breed Restrictions on Dog Breeds
Dog owners need to research the specific breed restrictions in their area, as these laws and regulations can be different. Owners of service animals, emotional support animals, and other protected breeds should be aware of their rights under the Fair Housing Act and the Americans with Disabilities Act. These federal laws provide protections that can override local breed restrictions, ensuring that individuals with disabilities can keep their service animals regardless of the animal’s breed.
At Allred Properties, we are committed to helping property owners create an inclusive environment that meets the needs of tenants with service dogs while ensuring compliance with federal laws. If you have questions about managing service dogs in your rental properties or need expert property management services, reach out to us today!