Can Landlords Deny a Service Dog?

No, landlords cannot deny or refuse a service dog because they are protected under the Fair Housing Act, which requires landlords, HOAs, co-ops, and condos to provide reasonable accommodations for all service animals.

The only times they can refuse a service dog are if it is genuinely dangerous (like if it bites a neighbor), creates a health hazard (like if it routinely relieves itself in inappropriate places), or causes significant property damage. Otherwise, breed restrictions, no-pet policies, or mere worries about property damage are not acceptable reasons for denial. 

Laws that Protect Assistance Animals in No Pet Housing  

The ADA and Fair Housing Act are federal laws that protect all service dog owners. These laws give  service dog owners the following rights: 

1. Access to “no pets” policy housing
2. Exemption from monthly pet fees
3. Exemption from pet deposits
4. Exemption from breed or weight restrictions

Housing providers must accommodate service dogs even if their building has a policy that bans all pets or the lease prohibits pets. That’s because under Fair Housing rules, service dogs are not considered normal pets — they’re necessary partners for people with disabilities. 

When can a landlord reject a service dog?

While service dogs are generally protected by law, there are some specific situations where a landlord can legally say “no.” Think of it like a driver’s license — it’s your right to drive, but that right comes with reasonable limits to keep everyone safe.

First, let’s talk about when a landlord can deny a service dog. It’s not enough for a landlord to say, “I think that German Shepherd looks scary,” or “I’m worried the dog might cause problems.” They need concrete evidence of a real issue. For instance, if a service dog has repeatedly lunged at children in the building or has a documented history of aggressive behavior that training hasn’t resolved, that’s when a landlord might have grounds for denial.

Now, here’s something interesting about smaller rental properties: Some “mom-and-pop” landlords have different rules. If you’re renting in a building where the owner lives and there are four or fewer units or renting a single-family home directly from its owner (without a real estate agent), service dog rules don’t apply. These smaller landlords can have more flexibility in their pet policies.

But here’s what landlords can’t do: They can’t refuse your service dog just because:

• Their building has a “no pets” policy
• They don’t like certain breeds
• The dog exceeds their usual weight limits
• They’re worried about potential problems that haven’t happened

Service dogs are legally protected assistants that help people navigate daily life. This protection means landlords can’t just randomly decide to exclude them. The law recognizes their essential role in supporting independence and well-being, which is why normal pet restrictions don’t apply. The only time a landlord can step in is when there’s solid evidence of a real problem that can’t be fixed through reasonable solutions.

How can a landlord verify a service dog?

Under HUD guidelines, housing providers are permitted to verify a service dog by asking two questions: 

1. “Is the animal required because of a disability?” and 
2. “What work or task has the animal been trained to perform?”

Housing providers are never permitted to ask about the nature or extent of a tenant’s disability or demand documentation as proof of service dog status. They also can’t ask you to have your dog demonstrate the task it was trained to perform.

Service Dog and Landlord Lawsuits

Landlords who unfairly deny a tenant’s service dog can face serious legal consequences. One case stemmed from a landlord’s repeated harassment of a tenant with a service dog despite prior accommodation approval. The tenant had official approval for her service dog at her apartment, but her property manager repeatedly harassed her and falsely accused her dog of attacks. When he tried to evict her over the service dog, she got help from Fair Housing Advocates of Northern California. The case ended with a $72,000 settlement, forcing the property owners to create fair policies for service and emotional support animals.

The big takeaway? Landlords must work with tenants who need service or emotional support animals, and they can’t just say “no pets” or make life difficult for these tenants. Both service dogs and emotional support animals have the same rights under housing law, and landlords need to have clear policies in place to handle these requests fairly.