There are many local jurisdictions around the country which have adopted what are referred to as a Breed Specific Law (BSL). As might be expected from its name, a BSL prohibits certain dog breeds (and/or breed mixes) from residing in a given city or county. BSL’s are passed in an effort to control what are perceived to be dangerous animals. The BSL’s typically fine those animal owners who violate the local ordinance. To be sure, in every jurisdiction that has such a law, I guarantee you there is a dog lovers or animal rights group pushing to repeal the BSL because those groups believe it unfair and wrong to single out specific breeds or breed mixes – but that is a blog post for another day.

The issue that hits my desk, however, is what happens if an assistance animal is one of those restricted breeds? The federal Fair Housing Act and its implementing guidance are clear that breed, size, and weight limits do not apply for assistance animals. As such, which law controls? The local city or county code which prohibits certain breeds or the federal guidance which permits them?

In my experience, if a service or emotional support animal has been approved as a reasonable accommodation because of a disability, management runs a real risk if it rejects the assistance animal because of a local BSL. Remember, an assistance animal is not a pet – and those local BSL’s were designed to control pets. I know that may sound harsh, but it would be exceedingly risky to use that local code as a legal defense to a discrimination complaint given what HUD has published on this topic.

Now, make no mistake, assistance animals cannot be a direct threat to the health or safety of others. If management has documented proof that an animal (whether a restricted breed or otherwise) is a legitimate threat to other residents, employees, or to the property itself, that animal may be barred from the community. But professional apartment management risks scrutiny if we use generalized prohibitions on certain breeds to deny an otherwise appropriately verified service or emotional support animal.

Just A Thought.