Short answer
You can ask your landlord to set aside breed and weight rules for your ESA. Since May 2026, HUD no longer expects landlords to waive them for untrained animals, so the outcome can depend on your state's law and your landlord. For a trained psychiatric service dog, a refusal based on breed or size alone is much harder to justify.
Breed and size limits are among the most common pet rules in rental housing, and among the most common reasons renters assume they can't keep their animal. Fair housing law lets you ask for an exception, but how strongly that request is backed now depends on whether your animal is trained and where you live.
What the rules say now
HUD's 2020 guidance (Notice FHEO-2020-01) told housing providers not to apply breed, size or weight limits to an assistance animal. HUD withdrew it in September 2025. Since May 22, 2026, HUD presumes an animal request is reasonable only when the animal is individually trained to do disability-related work or tasks, and it no longer expects landlords to waive breed or size rules for an untrained ESA.
You can still ask for an exception to rules like these as part of a reasonable accommodation request:
- "No dogs over 30 pounds"
- "No pit bulls, Rottweilers, German Shepherds or Dobermans"
- "Cats only" or "small pets only"
- "One pet per unit"
Whether the landlord must agree now depends on three things: whether your animal is trained to do disability-related tasks, your state's fair housing law, and how a court reads the Fair Housing Act if it comes to that. Courts have sided with tenants before. In 2014, a federal appeals court upheld a jury verdict against a Florida condo association that tried to enforce a 25-pound weight limit against a veteran's emotional support dog after repeatedly demanding more information about his condition (Bhogaita v. Altamonte Heights Condominium Association). For a trained psychiatric service dog, the request is on much firmer ground, because HUD presumes it reasonable.
When a landlord can still refuse a specific animal
The law doesn't require a landlord to accept every animal. They can deny a request for a particular animal if:
- That animal poses a direct threat to the health or safety of others that can't be reduced or eliminated, or
- That animal would cause substantial physical damage to others' property that can't be reduced or eliminated.
For trained animals, and under many state laws, the decision should rest on the specific animal's actual conduct, not on fears or stereotypes about its breed. A documented history of biting, or of attacking other animals, can count. "That breed is dangerous" is weak on its own, though since HUD's 2026 change a landlord has more room to rely on its general rules for an untrained ESA.
Help your case: keep vaccination records, local licensing and any obedience or training records handy. A short, factual note about your animal's temperament and history makes an individualized assessment easy.
What about the landlord's insurance?
Some landlords say their insurance excludes certain breeds. A landlord's insurance can matter, but a general statement that "our insurance won't allow it" is weak. Ask whether the insurer would actually cancel the policy or substantially raise the premium because of your specific animal, and whether comparable coverage without the breed exclusion is available. Ask the landlord to put any insurance-based denial in writing.
Local breed bans
Some cities and counties have breed-specific ordinances. How they interact with fair housing accommodations depends on the place, and the rules for service dogs under the ADA differ from the rules for emotional support animals. If you live somewhere with a breed ban, check your local ordinance and consider getting advice from a fair housing organization before you move in.
Housing that may be exempt
A few kinds of housing are exempt from parts of the Fair Housing Act, such as owner-occupied buildings with four or fewer units and some single-family homes rented by the owner without an agent. Many state laws still cover them, so don't assume an exemption applies without checking.
How to make the request
- Get your ESA letter first. It should come from a clinician licensed in your state and name your animal. See our sample ESA letter.
- Make the request in writing before the animal moves in, and ask for a written answer.
- Mention the breed and weight rules directly. Ask for an exception to them as part of the accommodation.
- Offer behavior records if you expect questions about a large dog or a commonly restricted breed.
- If you're denied, ask for the reason in writing. Our guide on ESA letter rejections covers your options, including a complaint to your state fair housing agency or HUD.
Your responsibilities don't change
An exception to breed and weight limits isn't an exception to the rest of the lease. You're still responsible for keeping your animal under control, cleaning up after it, preventing noise problems and paying for any damage beyond normal wear. For pet rent and deposits, see ESA pet rent and deposits.
Frequently asked questions
Can a landlord deny my pit bull ESA because of its breed?
It's less clear than it was. HUD's 2020 guidance said breed rules shouldn't apply to assistance animals, but HUD withdrew it, and since May 2026 HUD presumes a request is reasonable only for trained animals. For an untrained ESA, the answer can depend on your state's law and your landlord. For a trained psychiatric service dog, a refusal based on breed alone is much harder to justify.
Can a landlord enforce a weight limit on my emotional support animal?
Possibly. HUD no longer expects landlords to waive size or weight rules for an untrained ESA, though state law may protect you further and courts have sided with tenants before. Ask for an exception in writing and offer your animal's records.
Can my landlord deny my ESA because of their insurance?
It can, if the insurer would actually cancel or substantially change the policy because of your animal and comparable coverage isn't available. Ask for the reason in writing.
Do breed restrictions apply to psychiatric service dogs?
A trained psychiatric service dog is on the strongest footing. Since May 2026, HUD presumes a request for a trained dog is reasonable, so a refusal based on breed or weight alone is much harder to justify.
Does this apply in condos and HOAs?
Yes. Condominium associations and HOAs are covered by the Fair Housing Act and must consider reasonable accommodations for assistance animals.
Sources
- Fair Housing Act, 42 U.S.C. § 3604 (Legal Information Institute, Cornell Law School)
- 24 CFR § 100.204, Reasonable accommodations (Electronic Code of Federal Regulations)
- HUD and U.S. Department of Justice, Joint Statement on Reasonable Accommodations Under the Fair Housing Act, May 17, 2004
- HUD, Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, Federal Register, April 6, 2026
- Disability Rights Education & Defense Fund, summary of HUD's May 22, 2026 enforcement guidance on animal accommodations
- Bhogaita v. Altamonte Heights Condominium Ass'n, 765 F.3d 1277 (11th Cir. 2014)
Laws and agency positions change. We last checked this page against these sources on October 24, 2026. It is general information, not legal advice.
Find out whether you qualify for an ESA letter
Answer a few questions and a mental health professional licensed in your state reviews your assessment. If you're approved, your Fair Housing Act letter arrives as a PDF, typically within 24 to 48 hours of your evaluation.* $99 one-time, $25 per additional animal, $79 to renew each year. Full refund if you're not approved.
*Arkansas, California, Iowa, Louisiana and Montana require a 30-day client–provider relationship before a letter can be issued, so the letter issues after day 30.