If a dog breed is banned by the city do you have to accept as ESA

[Mindy Jensen]

Having a discussion at the office, and this question came up.

If a dog breed is banned by the city your rental is located in, do you have to accept it as an emotional support animal?

Pit bulls always get the bad rap, so let's use them as an example. The city of Denver has banned, among other breeds, pit bulls. If my tenant claims the pit as an emotional support animal, do I have to allow them or can I legally deny based solely on breed?

It sounds as though I can legally deny them, as the city of Denver says the animal cannot stay.

[Russell Brazil]

@Mindy Jensen We actually deal with this very issue here in DC semi-regularly.  Prince George's County on the east boarder of DC outlaws pitbulls.  Every year, without fail, the county tries to enforce this on an ESA or Service animal, and without fail, Federal Law trumps Local Law.  The animal is still, no different than a wheelchair, a medication, regardless of the local ordinance.  Every single time, the courts order the animal returned to the owner.  Id say, I read this same exact story at least once per year.