Can You Deny a Resident an Emotional Support Animal (ESA) or Service Animal Because of Insurance?

One of the most common questions we receive from rental property owners is:

“If my insurance policy restricts certain dog breeds, can I deny a resident’s emotional support animal (ESA) or service animal if it falls under that breed restriction?”

It’s an understandable concern. Insurance companies often limit coverage for certain breeds due to liability risks, while federal housing laws require landlords to accommodate residents with disabilities who rely on ESAs or service animals.

Understanding how these two issues interact is essential for protecting your investment while remaining compliant with fair housing laws.

Federal Law Takes Priority

Under the Fair Housing Act (FHA), landlords cannot deny an ESA or service animal based solely on its breed, size, or weight.

Whether the animal is a Pit Bull, Rottweiler, German Shepherd, or another breed commonly restricted by insurance carriers, housing providers must evaluate each accommodation request individually. Federal agencies, including HUD, have made it clear that insurance breed restrictions alone are not sufficient grounds for denial.

Why Insurance Companies Restrict Certain Breeds

Insurance carriers often impose breed restrictions due to the potential for liability claims involving dog-related injuries. While these concerns are legitimate, they do not override a resident’s rights under federal fair housing laws.

As a housing provider, it’s important to recognize that insurance requirements and fair housing obligations must both be considered when evaluating accommodation requests.

What Landlords Should Do

If a resident requests an ESA or service animal that falls under a breed restricted by your insurance policy, take the following steps:

• Obtain written confirmation from your insurance carrier regarding the restriction or any impact on coverage.
• Explore alternative insurance options and request quotes from other carriers.
• Document all communications, quotes, and efforts to obtain coverage.
• Maintain detailed records of your decision-making process.

In most cases, landlords must allow the animal unless they can demonstrate that doing so would create a significant financial or administrative burden that cannot reasonably be resolved.

Recent Court Ruling Reinforces Landlord Responsibilities

A recent federal court case highlighted the importance of proper documentation and due diligence when evaluating ESA requests involving restricted breeds.

The court determined that a landlord could not rely solely on information from one insurance broker to deny an ESA request. Instead, landlords must verify policy restrictions and thoroughly investigate available insurance alternatives before making a decision.

In our opinion, you need at least 3 plus carriers saying they WILL NOT  insure you to have a case.

The case serves as an important reminder that accommodation requests should be carefully evaluated and supported by written documentation.

Service Animals Receive Even Stronger Protection

Service animals are afforded additional legal protections under both the Americans with Disabilities Act (ADA) and the Fair Housing Act.

As a result, landlords are generally required to accommodate service animals regardless of breed restrictions contained in an insurance policy. If an insurer raises concerns, landlords should still obtain written documentation and seek alternative coverage options before considering any action.

Best Practices for Landlords

To help protect yourself while remaining compliant:

• Verify appropriate ESA documentation when legally permitted.
• Ask the limited questions allowed by law regarding service animals when the disability is not apparent.
• Require residents to maintain renters’ insurance when appropriate.
• Use written agreements outlining animal care, behavior, and property expectations.

Document any legitimate issues involving aggression, property damage, or nuisance behavior.

Final Thoughts

ESA and service animal requests can create challenging situations for landlords, especially when insurance restrictions are involved. However, guidance from HUD, the Department of Justice, and fair housing courts consistently emphasizes that disability accommodations must be evaluated on an individual basis and cannot be denied solely because of breed restrictions.

The best approach is to stay informed, document your efforts, explore available insurance options, and seek professional guidance before making a decision. Taking these steps can help protect your property, reduce liability, and ensure compliance with fair housing laws.

Lastly, while we do not encounter a lot of these, we must be on top of our game when we do. We work weekly with the Fair Housing Dept, and all of our staff are required each year to attend one full day at Fair Housing to stay current on the new and ever-changing laws.