Service Animals, Landlords, and Insurance: What Property Owners Need to Know

When you're screening tenants, it’s natural to want to protect your rental property, comply with your insurance policy, and avoid legal trouble. But when pets and service animals enter the conversation, things can get complicated—especially when insurance policies exclude certain dog breeds, and Fair Housing laws restrict what landlords can say or do about service animals and emotional support animals (ESAs).

Here’s what every landlord should know to stay compliant, reduce liability, and protect their investment.

What Counts as a Service Animal?

Under the Fair Housing Act (FHA), landlords must allow service animals and emotional support animals (ESAs)even if they have a “no pets” policy. This is because service animals and ESAs are not legally considered pets—they are assistance animals.

• Service animals are trained to perform specific tasks for people with disabilities (e.g., guide dogs for the visually impaired).

• Emotional support animals provide comfort or emotional stability but are not required to have special training.

The FHA applies to most housing providers, including single-family rentals owned by individuals, unless the owner owns three or fewer units and doesn’t use a broker or agent.

The Insurance Dilemma: Breed Restrictions

While federal law says landlords must make reasonable accommodations for service and emotional support animals, many insurance companies exclude coverage for certain breeds like:

• Pit Bulls

• Rottweilers

• Doberman Pinschers

• German Shepherds

• Presa Canarios

• Akitas

• Wolf hybrids

This creates a legal gray area: the law says you must allow the animal, but your insurance policy may say otherwise.

Can a Landlord Deny an Animal Due to Insurance?

According to HUD guidance, a landlord may be able to deny a request for a service or emotional support animal ifaccommodating the animal would:

1. Cause an undue financial or administrative burden, or

2. Fundamentally alter the nature of the housing provider’s operations

So, if your insurance carrier threatens to drop your coverage or significantly raise premiums due to a specific breed, you might have grounds to deny the request—but you must document this carefully and explore alternative carriers first.

Best Practices:

• Ask for written proof from your insurance company stating the specific risk or financial burden related to a breed.

• Seek out insurance providers that specialize in rental properties and offer broader coverage.

• Avoid blanket denials based on breed alone—these can result in a Fair Housing complaint if not properly supported.

What You Can and Cannot Ask a Tenant

You cannot ask a prospective tenant:

• For detailed medical records

• For proof of disability (in most cases)

• For service animal training certificates

You can ask:

• Whether the animal is required due to a disability

• What tasks or functions the animal is trained to perform (for service animals)

• For documentation from a licensed professional in the case of an ESA

Important: All of this must be done after an application is submitted, not during the initial inquiry.

Navigating the intersection of Fair Housing laws, tenant rights, and insurance requirements can be tricky—but not impossible. When in doubt, consult a real estate attorney or Fair Housing expert, and work with an insurance company that understands the rental property landscape.

By being proactive, informed, and compliant, landlords can protect their properties without violating tenant rights—and avoid costly lawsuits or policy cancellations.