Apartment Pet Policy Breed Restrictions & ESA Rights

What Are Apartment Pet Policy Breed Restrictions?

Apartment pet policy breed restrictions are rules established by landlords, property management companies, or housing associations that prohibit tenants from keeping certain dog breeds on the premises.

These policies typically target breeds that have been stereotyped as aggressive or dangerous, regardless of an individual animal's actual temperament or behavior history.

Understanding these restrictions is essential for any pet owner searching for rental housing. Many people spend countless hours searching for "no breed restriction apartments near me" or "apartments without breed restrictions near me" only to find limited options. 

While these policies remain legal in most jurisdictions for standard pets, federal law provides significant protections for individuals who require assistance animals for disability-related needs.

Whether you're looking for pet-friendly apartments with no breed restrictions or considering the ESA route, this guide covers everything you need to know about your options.

Why Do Apartments Have Breed Restrictions?

Landlords and property managers implement breed restrictions for several interconnected reasons:

Insurance Requirements: Property insurance companies often mandate breed restrictions as a condition of coverage. Insurers may refuse to provide liability coverage, increase premiums substantially, or cancel policies altogether if certain breeds are present on the property. According to the Insurance Information Institute, dog bite-related claims totaled approximately $1.57 billion in 2024, representing a 41% increase from the previous year.

Liability Concerns: Property owners worry about potential lawsuits if a dog injures another tenant, visitor, or service worker. The average cost per dog bite claim reached approximately $69,272 in 2024, creating significant financial exposure for landlords.

Property Damage Considerations: Some restrictions relate to size rather than breed, with landlords concerned that larger dogs may cause more wear and tear on flooring, walls, and common areas.

Local Legislation: In some jurisdictions, breed-specific legislation (BSL) at the city or county level may require or encourage landlords to restrict certain breeds.

Perceived Safety: Despite limited scientific evidence supporting breed-based aggression claims, many property owners maintain restrictions based on public perception and media portrayal of certain breeds.

Common Apartment Breed Restrictions List

When searching for pet-friendly housing or no-breed-restriction rentals, you should be prepared to encounter restrictions on these commonly targeted breeds:

Frequently Restricted Breeds:

• Pit Bull Terriers (including American Pit Bull Terrier, American Staffordshire Terrier, and Staffordshire Bull Terrier)
• Rottweilers
• German Shepherds
• Doberman Pinschers
• Chow Chows
• Akitas
• Alaskan Malamutes
• Siberian Huskies
• Great Danes
• Boxers
• Mastiffs (all varieties)
• Presa Canarios
• Wolf-dog hybrids
• American Bulldogs
• Cane Corsos

Important Note: Many policies also restrict mixed breeds that contain any percentage of these breeds, which can affect dogs with ambiguous heritage. Some landlords may require DNA testing to verify breed composition. This is why many owners of these breeds search specifically for apartments that don't have breed restrictions or non breed restriction apartments.

How to Find Apartments Without Breed Restrictions

If you don't have an ESA letter or prefer to find housing that naturally welcomes all breeds, searching for apartments with no breed restrictions is another option. Here are strategies for locating pet friendly apartments no breed restrictions:

When searching for apartments without breed restrictions near me, use these tips:

1. Use Specific Search Terms

Search for "no breed restriction apartments near me" or "apartments for rent no breed restrictions" on rental platforms like Apartments.com, Zillow, RentCafe, or Apartment List. Many platforms now allow filtering for pet-friendly properties without breed limitations.

2. Filter for Pet-Friendly Housing

Look for non breed restriction apartments by filtering for "all pets welcome" or "no pet restrictions" in your search. Some listings specifically advertise as apartments without breed restrictions to attract pet owners.

3. Contact Smaller Landlords

Individual property owners are often more flexible than large management companies. No breed restriction rentals near me are more commonly found with private landlords who can make case-by-case decisions about pets.

4. Consider Single-Family Homes

Houses for rent no breed restrictions may be easier to find than apartment complexes, as individual homeowners set their own policies without corporate insurance mandates. Private rentals often have more flexible pet policies.

5. Check Local Pet Advocacy Groups

Organizations like local humane societies often maintain lists of apartments that don't have breed restrictions in your area. Facebook groups for pet owners in your city can also be valuable resources.

6. Look for Newer Properties

Some newer apartment developments market themselves as fully pet-friendly with no breed or weight restrictions to attract millennial and Gen Z renters who prioritize pet ownership.

Why Some Properties Operate as No Breed Restriction Rentals

Some landlords choose to operate apartments without breed restrictions because:

• They evaluate animals individually rather than by breed
• They use behavior-based assessments instead of blanket breed bans
• Their insurance providers don't mandate breed exclusions
• They recognize that breed-based policies are increasingly controversial
• They want to attract a larger pool of qualified tenants
• Local laws may prohibit breed discrimination

While finding no breed restriction rentals requires more effort, these properties do exist in most markets. However, if you qualify for an ESA, obtaining a legitimate ESA letter from RealESALetter.com remains the most reliable way to bypass breed restrictions at any property, giving you access to housing options far beyond just the apartments with no breed restrictions.

States Without Breed-Specific Legislation

As of 2025, approximately 22 states have enacted laws that prohibit or restrict breed-specific legislation at the local level. According to Best Friends Animal Society and the American Veterinary Medical Association, the following states have anti-BSL provisions:

States Prohibiting Breed-Specific Local Ordinances:

• Arizona ESA Laws
• California ESA Laws
• Colorado ESA Laws
• Connecticut ESA Laws
• Delaware ESA Laws
• Florida ESA Laws — See also: Florida ESA breed restrictions
• Illinois ESA Laws
• Maine ESA Laws
• Massachusetts ESA Laws
• Minnesota ESA Laws
• Nevada ESA Laws
• New Jersey ESA Laws
• New York ESA Laws
• Oklahoma ESA Laws
• Pennsylvania ESA Laws
• Rhode Island ESA Laws
• South Carolina ESA Laws
• South Dakota ESA Laws
• Texas ESA Laws
• Utah ESA Laws
• Virginia ESA Laws
• Washington ESA Laws

Critical Distinction: Even in states that prohibit BSL, private landlords may still impose breed restrictions as part of their lease agreements. State anti-BSL laws typically only prevent government entities from enacting breed-specific regulations, they do not prohibit private property owners from setting their own policies. This is why searching for "apartments near me no breed restrictions" can still be challenging even in these states.

What to Do If Your Landlord Denies Your ESA Because of Breed Restrictions

Many tenants wonder "can a landlord deny an ESA" when faced with breed restrictions. The short answer is: not based on breed alone. If your ESA letter rejected by your landlord, follow these steps:

Step 1: Get the Denial in Writing

Request a written explanation for the denial. This documentation is essential if you need to escalate the matter. Send a follow-up email summarizing any verbal conversations.

Step 2: Educate Your Landlord About the Law

Many landlords are unfamiliar with FHA requirements regarding emotional support animal laws. Politely inform them that:

• ESAs are not pets under federal law
• Breed restrictions do not apply to assistance animals
• Insurance concerns do not override FHA protections
• The specific animal's behavior, not its breed, is the only valid safety consideration

Understanding the difference between an emotional support animal vs service animal can also help you explain your rights clearly.

Step 3: Provide Additional Documentation

Consider offering:

• Veterinary records showing vaccinations and health status
• References from previous landlords
• Training certificates (while not required, these can ease concerns)
• Temperament assessment results

Step 4: File a HUD Complaint

If your landlord continues to violate your rights, you can file a discrimination complaint with HUD:

Online: Visit hud.gov and complete the Housing Discrimination Complaint form

Phone: Call 1-800-669-9777 (TTY: 1-800-927-9275)

Mail: Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410

You have one year from the date of the violation to file a complaint. HUD will investigate and may pursue conciliation or formal charges against the landlord.

Step 5: Consult Legal Counsel

For complex cases or significant damages, consider consulting with a fair housing attorney who can advise you on state-specific protections and potential legal remedies.

ESA vs. Finding No Breed Restriction Apartments: Which Is Better?

If you're torn between searching for apartments without breed restrictions and getting an ESA letter, here's a comparison:

For those who qualify, an ESA letter provides significantly more housing flexibility than trying to find the limited number of non breed restriction apartments available. 

Insurance Companies and ESA Breed Restrictions

A common excuse landlords use is that their insurance company prohibits certain breeds. However, recent legal developments have clarified that insurance restrictions cannot automatically justify denying an ESA.

In a 2025 federal case (Chhang v. West Coast USA Properties LLC), the court allowed a fair housing claim to proceed against an insurance broker who allegedly advised a landlord to deny a tenant's pit bull ESA based on insurance policy restrictions. This case reinforces that landlords cannot simply defer to insurance company preferences when evaluating accommodation requests.

What Landlords Must Do:

• Request written documentation from their insurance carrier about specific restrictions
• Obtain quotes from alternative insurers
• Document all efforts to find accommodating coverage
• Only deny if they can prove an undue financial burden, a high legal bar to meet

This is important to understand: even if a property advertises breed restrictions, your ESA rights may still apply. You don't necessarily need to limit your search to apartments with no breed restrictions.

How ESA Letters Override Breed Restrictions

Here's where understanding your rights becomes crucial: Emotional support animals are legally exempt from breed restrictions under the Fair Housing Act (FHA).

This means that instead of endlessly searching for "no breed restriction apartments near me" or "apartments with no breed restriction near me," you can live in virtually any rental property with your ESA, regardless of their breed policies.

The Fair Housing Act Protection

The Fair Housing Act emotional support animal protections, administered by the U.S. Department of Housing and Urban Development (HUD), require housing providers to make "reasonable accommodations" for individuals with disabilities. This includes allowing assistance animals, both service animals and emotional support animals, even in housing with no-pet policies or breed restrictions.

According to HUD Notice FHEO-2020-01 (the official Assistance Animals guidance), housing providers:

Cannot:

• Deny housing based on an assistance animal's breed, size, or weight
• Charge pet deposits, pet fees, or pet rent for assistance animals
• Apply "no pets" policies to assistance animals
• Require specific animal registration or certification
• Demand that the animal wear identifying vests or tags

Can Only Deny If:

• The specific animal poses a direct threat to health or safety based on actual behavior (not breed stereotypes)
• The animal would cause substantial physical damage that cannot be reduced through reasonable accommodations
• Granting the accommodation would constitute an undue financial or administrative burden
• The ESA letter documentation is fraudulent or insufficient

HUD's Clear Position on Breed Restrictions

HUD has explicitly stated that "housing providers may not limit the breed or size of a dog used as an assistance animal just because of the size or the breed." This means your landlord cannot point to their restricted breeds list and automatically deny your ESA, they must evaluate your specific animal's actual behavior.

This protection effectively makes every apartment a potential "no breed restriction apartment" for ESA owners with valid documentation.

How to Get an ESA Letter to Overcome Apartment Breed Restrictions

If you’re dealing with apartment pet policy breed restrictions, getting a valid ESA letter can be one of the most effective ways to protect your right to live with your support animal, regardless of breed. Under the Fair Housing Act (FHA), emotional support animals are not considered pets, which means landlords generally can’t enforce breed bans the same way they do for standard pets.

Here's the legitimate process for how to get an emotional support animal:

Step 1: Assess Your Eligibility

Not sure if you qualify? Thinking, how do I qualify for an emotional support animal. You may qualify for an ESA if you have a mental health condition such as:

• Anxiety disorders
• Depression
• Post-traumatic stress disorder (PTSD)
• Panic disorder
• Obsessive-compulsive disorder (OCD)
• Bipolar disorder
• Phobias
• Other conditions that substantially limit major life activities

Step 2: Consult with a Licensed Mental Health Professional

A valid ESA letter must come from a licensed mental health professional (LMHP) who has established a therapeutic relationship with you. 

Qualified professionals, who can write an ESA letter include:

• Licensed clinical social workers (LCSW)
• Licensed professional counselors (LPC)
• Licensed marriage and family therapists (LMFT)
• Psychologists
• Psychiatrists

Step 3: Obtain Proper Documentation

Your ESA letter should include:

• The LMHP's letterhead with contact information
• Their license number and state of licensure
• A statement that you have a disability under the FHA
• Confirmation that the ESA is necessary for your disability-related needs
• The professional's signature and date
• The letter should typically be dated within the past 12 months

Step 4: Submit Your Request to Your Landlord

Present your ESA letter to your landlord or property manager as a reasonable accommodation request. While the request can be oral, written documentation creates a paper trail that protects your rights. This approach is far more reliable than hoping to find apartments near me without breed restrictions.

Key Takeaways

Navigating apartment breed restrictions with an emotional support animal requires understanding both your legal protections and your responsibilities. Remember these essential points:

1. Federal law protects ESAs from breed restrictions under the Fair Housing Act emotional support animal provisions
2. You need valid documentation from a licensed mental health professional
3. Landlords cannot charge fees for emotional support animals
4. Insurance concerns don't override your fair housing rights
5. Document everything in writing to protect yourself
6. File complaints with HUD if your rights are violated
7. ESA letters provide more flexibility than searching for apartments with no breed restrictions

If you're struggling to find housing because of breed restrictions on your emotional support animal, know that the law is on your side. With proper documentation from a legitimate source like RealESALetter.com, you can exercise your right to live with your ESA regardless of breed-based policies, so you don’t have to limit yourself to the few “no breed restriction apartments near me” options. 

And if you’re wondering, “how do I get a esa letter from my doctor,” the process typically starts by speaking with a licensed healthcare provider who can evaluate your needs and confirm that an ESA is part of your treatment plan.