Breed Lists Are Not a Defense: Handling ESA Requests the Right Way

Summary for busy readers

Assistance animals are accommodations for individuals with disabilities, not pets. Decisions must be based on the specific animal and the resident’s disability-related need. Insurance concerns do not automatically justify denial. Deny only for a current direct threat that reasonable rules cannot reduce, a fundamental alteration, or a truly undue financial/administrative burden, and document why.

Quick takeaways

• Do not deny by breed or size; decide based on the individual animal and objective evidence.

• Insurance is not a free pass; obtain an animal-specific written position and explore alternatives.

• No pet fees, pet rent, or pet deposits for Service Animals or ESAs; charge only for actual damage.

• A resident can request accommodation at any time, including after moving in.

Common misconceptions and the facts

1) Insurance breed lists

“I immediately deny ESA requests when the dog is a ‘dangerous’ breed. My insurance will cancel me.”

Why this is wrong: Breed or size is not a lawful basis to deny. Fair housing requires an individualized assessment of the specific animal. Insurance concerns support “undue burden” only with solid, animal-specific proof and after reasonable alternatives are tried.

What to do instead:

• Get the carrier’s position in writing: exact policy clause or an underwriting letter stating cancellation, non-renewal, exclusion, or the dollar amount of any premium change for this animal.

• Ask for alternatives: endorsements, different limits/deductibles, or another market. Keep quotes and declinations.

• Approve with reasonable rules if coverage is available at a reasonable cost; consider denial only if documentation shows no workable alternative.

2) Must the applicant list the animal on the application

Misconception: “If the applicant doesn’t list their Service Animal or ESA on the rental application, I can deny for failing to disclose.”

Fact: There is no legal duty to list a Service Animal or ESA on a rental application. These animals are not pets. An applicant or resident may request a reasonable accommodation at any time, including after move-in. Evaluate the request when it is made. If the need is not obvious, seek limited, reliable verification before deciding. Do not impose pet fees or deposits. Actual damage beyond ordinary wear and tear may be recovered.

Practice tip: If a resident moved in without mentioning the animal, treat the later request as new. Keep the interactive process professional. Address past damage or nuisance issues separately and factually.

Step-by-step workflow

Intake

• Accept verbal or written requests; do not require a specific form to start.

• Acknowledge within 2 business days and explain next steps.

Verification when permitted

• If the disability and need are obvious or already known, do not request documentation.

• If not obvious, request limited, reliable verification that the resident has a disability and that the animal provides disability-related support or performs needed tasks. Do not ask for a diagnosis or medical records.

Conduct and safety rules

• The animal must be under the handler’s control.

• Service Animals: A leash, harness, or tether may be required in common areas unless using one would interfere with the animal’s work or the handler’s disability prevents its use. If not leashed, the animal must be under effective voice or signal control.

• ESAs: A leash, carrier, or similar control may be required in common areas unless the resident’s disability prevents compliance, in which case, evaluate a reasonable exception.

• Require licensing and vaccinations where applicable, prompt waste cleanup, and no nuisance.

Decision

• Approve if reasonable; use a short addendum that restates conduct rules, confirms no pet fees/deposits, and notes responsibility for actual damage.

• Conditional approval (use sparingly): Only if a minor, targeted rule clearly reduces a specific, documented risk and is less restrictive than denial.

• Deny only for a current direct threat that reasonable rules cannot reduce, a fundamental alteration, or a truly undue financial/administrative burden. Explain briefly in writing and invite alternatives.

When insurance is raised

Open an insurance file.

Keep broker emails, policy excerpts, underwriting letters, quotes, declinations, and notes.

Ask the broker for specifics in writing.

• What the carrier will do if the animal is approved: cancellation, non-renewal, exclusion, or premium change.

• The exact policy language or an underwriting letter.

• Available endorsements or options with pricing.

• Whether the restriction is a blanket breed rule or an animal-specific determination.

Explore alternatives.

Consider endorsements, different limits/deductibles, or another market. If the market is closed, ask the broker to confirm that in writing.

Keep the interactive process moving.

Send a status update to the resident with a date for the next update.

Decide and document.

Approve if coverage is available at a reasonable cost or if rules reduce risk. Consider undue burden only with strong documentation that no reasonable alternative exists.

Communication essentials for independent operators (principles, not scripts)

If insurance is raised (broker outreach): include

• What the carrier will do for this animal; policy citation or underwriting letter.

• Any alternatives and pricing.

• Whether the position is blanket guidance or animal-specific.

• A requested reply date so the process can continue.

Acknowledging a request: include

• When it was received and that it is under review.

• Whether limited verification may be needed (only if the need is not obvious).

• When a follow-up will occur and how to reach you with questions.

Approval: include

• Confirmation of approval.

• Reasonable conduct/safety rules (control, licensing/vaccinations, waste cleanup, no nuisance).

• No pet fees, pet rent, or pet deposits; responsibility for actual damage beyond ordinary wear and tear.

• That approval applies only to the identified resident and the specific animal, and how/when to return any signed addendum.

Conditional approval (rare): include

• The specific concern identified and the tailored condition(s) addressing it.

• Timeframe to implement and a contact method for assistance.

• A note that conditions can be revisited if circumstances change.

Denial (rare): include

• The lawful ground relied on.

• Brief, objective facts supporting the decision.

• Alternatives considered and why they do not work.

• An invitation to provide new information or propose alternatives.

Tone and risk pointers

• Focus on the specific animal and objective facts; avoid breed labels and speculation.

• Never request diagnosis or medical records; seek only limited, reliable verification when permitted.

• Keep the interactive process moving with dated follow-ups.

• Write as if a regulator or judge may read it later: clear, neutral, and brief.

Recordkeeping checklist (keep in the file)

• Date of request and acknowledgment.

• Any verification received (if applicable).

• Conduct rules and any signed addendum.

• Insurance correspondence (if raised): policy excerpts, underwriting letters, quotes/declinations, cost notes.

• Decision, date, lawful basis, and reasons.

• Follow-up issues (if any) and how they were addressed.

Legal note: This article provides general information for BPOA members and is not legal advice.