While many apartment communities are “pet friendly” and welcome animals, almost every community has restrictions concerning, for example, certain breeds and/or weight limits for pets. In addition to the community policy on animals, many local jurisdictions similarly ban some dog breeds pursuant to a county or city ordinance. The question that comes to my desk is what happens when a resident submits a request for a service or companion animal as a reasonable accommodation pursuant to the federal Fair Housing Act (FHA) that would otherwise run afoul of the county or city ordinance because of the breed of the dog? Courts have answered this question by concluding that enforcing a city or county ordinance banning certain breeds would violate the FHA by permitting a discriminatory housing practice. In short, the federal statute controls.
Now, there is another step for management to take. We can undertake an analysis to determine if the animal at issue poses a “direct threat” to other residents, to the property, and/or to the leasing office staff. A “direct threat” must be particularized to the specific animal and not based on a generalized stereotype. For example, management could not simply conclude that because pit bulls are generally restricted by a county ordinance, all pit bulls are therefore a “direct threat” and are banned from our property, even as a companion animal. In order to make such a conclusion, management needs to have objective evidence that the specific animal in question has behaved in such a manner to be a “direct threat” (and such behavior likely cannot be remedied) before making such a determination.
You might want to reach out to a lawyer like me if this issue comes up at your property so you can review the appropriate analysis in an effort to avoid needing to defend against a discrimination complaint.
Just A Thought.