ESA Breed and Weight Restrictions Under the Fair Housing Act
Your apartment complex has a strict “no aggressive breeds” policy, and your Pit Bull mix is the one constant helping you manage severe anxiety symptoms. Then, unexpectedly, you’re told your dog violates the property’s breed or weight rules—even though you already submitted a valid Emotional Support Animal (ESA) letter.
While situations like this are not common, they do occur. Occasionally, renters with legitimate Emotional Support Animals are incorrectly told that breed bans or size limits override their housing rights, leaving them confused and unsure how to respond. Under federal law, those claims are incorrect.
The Fair Housing Act prohibits housing providers from enforcing breed restrictions, weight limits, or size requirements against approved Emotional Support Animals. When supported by proper documentation, pet-related policies cannot be used to deny housing, threaten eviction, or require the removal of an ESA.
Legal Rights Under the Fair Housing Act
Federal Protections Override ESA Breed and Weight Restrictions
The Fair Housing Act (FHA) protects individuals who require Emotional Support Animals as a reasonable housing accommodation. Once an ESA is properly approved, housing providers may not apply pet-related rules, including breed bans or weight limits. This protection applies regardless of whether a property typically restricts breeds such as Pit Bulls, Rottweilers, German Shepherds, Dobermans, or dogs over a certain weight. Under federal housing law, these restrictions do not apply to assistance animals.
Federal guidance is clear: breed, size, or weight alone cannot be used to deny an ESA accommodation. A 100-pound dog and a 10-pound dog are treated the same when they serve a legitimate emotional support role.
What Housing Providers Can — and Cannot — Deny
Housing providers may not deny an ESA based on:
- Breed stereotypes or “dangerous breed” lists
- Insurance company breed exclusions
- Local breed-specific ordinances
- Property weight or size limits
- Personal fears or assumptions
They also may not impose special conditions such as breed-specific training, mandatory muzzling, or behavioral rules not applied to other assistance animals. However, denial may be lawful if it is based on documented, objective evidence that the specific animal has caused serious property damage, poses a direct safety threat based on actual behavior, or if accommodation would create an undue financial or administrative burden—a very high legal standard.
The key distinction: decisions must be based on the animal’s individual conduct, not its breed, size, or assumptions.
Understanding Breed and Weight Restrictions
Why Landlords Often Cite These Policies
Most breed and weight restrictions stem from insurance requirements or generalized concerns. Many insurers maintain lists of breeds they consider high-risk, leading housing providers to assume they can legally ban those animals—even when they are used as ESAs.
Weight limits are often justified by concerns about property damage, noise, or space. While these concerns may apply to pets, they do not justify denying an Emotional Support Animal under federal law.
Federal Law Supersedes Local and Property Rules
Even in cities with breed-specific legislation, federal housing protections take precedence. Local laws and property policies cannot override the Fair Housing Act when a disability-related accommodation is involved. When tenants submit valid ESA documentation and reference applicable federal guidance, housing providers are typically required to reverse breed- or weight-based denials.
HUD Guidance Clarification: The U.S. Department of Housing and Urban Development (HUD) issued [January 28, 2020 guidance on assistance animals] making clear that housing providers may not limit the breed or size of a dog used as a service animal or Emotional Support Animal solely because of its breed or weight.
When an ESA Accommodation May Be Lawfully Denied
Understanding Undue Hardship
Undue hardship is an exceptionally narrow legal defense. A housing provider must show that accommodating the Emotional Support Animal (ESA) would impose significant financial difficulty or fundamentally alter operations. Convenience, preference, or modest insurance cost increases do not qualify. Housing providers are generally expected to explore reasonable alternatives—such as obtaining different insurance coverage—before claiming hardship.
Direct Threat Must Be Based on Actual Conduct
A direct threat determination must rely on current, objective evidence of dangerous behavior. Hypothetical risks, breed-based assumptions, or reputation alone are insufficient. An ESA cannot be denied simply because of its breed, size, or perceived risk. Any denial must be tied to specific, documented behavior that cannot be reasonably mitigated.
Insurance Policies and ESA Housing
Insurance Restrictions Do Not Override Federal Law
Insurance exclusions do not remove a housing provider’s obligations under federal housing law. When an Emotional Support Animal (ESA) is properly approved, housing providers are generally expected to make reasonable efforts to accommodate the animal, which may include exploring alternative insurance options when necessary. Only in rare circumstances—where accommodation would threaten the viability of the housing operation as a whole—may denial be considered lawful.
Local and State Laws May Provide Added Protection
Some states offer additional safeguards by restricting insurers from denying or canceling coverage based solely on dog breed. While federal law already provides strong baseline protection for ESA accommodations, applicable state laws may further support an individual’s housing request.
Requesting an ESA Accommodation
How to Submit a Proper Request
Submit your ESA accommodation request in writing, such as by email or a tenant portal, and include your ESA letter along with a clear statement that you are requesting a reasonable accommodation under the Fair Housing Act. Understanding how and when to communicate with your landlord about an ESA is just as important as having proper documentation, as clear and compliant communication often prevents delays or misunderstandings. Avoid volunteering unnecessary details about your diagnosis or your animal’s breed. Housing providers should respond within a reasonable timeframe, and keeping copies of all correspondence helps maintain a clear and reliable record.
What Reasonable Accommodation Means
Reasonable accommodation requires housing providers to modify policies that would otherwise exclude an Emotional Support Animal. Once an ESA is approved, breed bans, size limits, and weight restrictions must be waived, as these pet-related rules do not apply to assistance animals. Housing providers may not impose alternative requirements such as additional deposits, special insurance, or behavioral testing based on breed, nor may they suggest choosing a different animal or relocating as a substitute for accommodation.
The Importance of a Legitimate ESA Letter
A legitimate Emotional Support Animal (ESA) letter must be issued by a state-licensed mental health professional who has conducted a genuine clinical evaluation. The letter should include the provider’s credentials and licensing information and confirm a legitimate need for an ESA related to the individual’s mental or emotional health.
Websites that advertise instant ESA letters without a real evaluation—and products such as ESA registrations, certificates, or ID cards sold online—do not meet federal housing standards and carry no legal weight. The U.S. Department of Housing and Urban Development (HUD) guidance makes clear that these items are not recognized as valid documentation for housing accommodations and do not replace ESA documentation issued by a state-licensed healthcare professional following a genuine evaluation. Documentation issued without proper assessment is more likely to be questioned by housing providers and may result in delays, denial of accommodation, or housing disputes.
A proper ESA evaluation focuses on the individual’s needs, not the animal’s breed, size, or appearance. When documentation is issued correctly, it helps ensure ESA accommodation requests are reviewed fairly and in accordance with federal housing law.
How Official Pets Supports the ESA Process
Navigating housing issues involving breed or weight restrictions can feel overwhelming. Federal housing law does not discriminate based on an Emotional Support Animal’s breed or size—and housing providers may not either. With accurate documentation and informed guidance, individuals can confidently protect their right to live with their Emotional Support Animal under the Fair Housing Act.
Official Pets supports the ESA process by connecting individuals with independent, state-licensed healthcare professionals who conduct ESA evaluations and prepare compliant documentation when clinically appropriate to support housing accommodation requests. These licensed providers understand the role Emotional Support Animals may play in supporting mental or emotional health and approach each evaluation with care and attention to the individual’s needs.
Our goal is to make the ESA process clear, supportive, and accessible. From the initial online service request through provider coordination, our client support team is available to answer questions and provide guidance at each step. We take pride in delivering reliable service, compassionate support, and efficient turnaround times—values consistently reflected in the positive reviews we receive from clients.
How It Works
Complete a Service Request Form
Fill out our service request form for an
ESA Letter. It’s quick, easy, and confidential.
Connect with a Licensed Therapist
A Licensed Healthcare Provider will contact you to complete your ESA Evaluation. You can choose to connect via phone or video call, whichever suits you best.
Receive an ESA Letter
If the provider determines you qualify after your evaluation, your letter will typically be delivered digitally within 24–48 hours of that determination. Expedited service is available for urgent requests.
