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Updated over 7 years ago on . Most recent reply

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Daniel Luedtke
  • Lender
  • Windsor, CO
13
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Dangerous breed service animals

Daniel Luedtke
  • Lender
  • Windsor, CO
Posted

Looking at potential new tenants for a recently vacant unit.  One prospective new tenant has a service dog, that I believe is a dangerous breed, or a mix with a dangerous breed (pitbull).  I do not allow dangerous breeds in my units.  However, since it is a service dog, do I still have a right to turn them away because of the breed?  Or since it is a service animal, do I not have that right?

  • Daniel Luedtke
  • Most Popular Reply

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    Mindy Jensen
    • BiggerPockets Money Podcast Host
    • Longmont, CO
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    Mindy Jensen
    • BiggerPockets Money Podcast Host
    • Longmont, CO
    ModeratorReplied

    @Connor Heim , ESA's ARE protected. A true ESA is considered a prescribed medical device, not a pet. Like a wheelchair. You wouldn't discriminate against someone with a wheelchair, but if that wheelchair ripped a hole in the wall, you'd expect the tenant to pay for that repair. Ditto an ESA damaging the property.

    But yes, you cannot discriminate against someone with a "dangerous breed" animal, unless it causes you undue strain. Like your current insurance company does not allow them, but another insurance company does. If the second insurance company is same or similar in price, this is a "reasonable accommodation" to the tenant. If it's exorbitant, then it isn't a reasonable accommodation.

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