Landlord says insurance won’t cover my ESA’s breed. Can they deny based on that?

[ottokincaid]

Jurisdiction

Virginia

Hi everyone,


I submitted a valid ESA letter for my dog, and my landlord responded saying their insurance company has breed restrictions. They claim approving my ESA could cause them to lose coverage or raise their premiums, so they're denying the request.

My dog has no history of aggression and there have been no complaints. The denial is based entirely on breed, not behavior.

I'm trying to understand whether insurance policies override ESA accommodation requirements under the Fair Housing Act. Does this count as an undue financial burden automatically, or would they need to provide proof that no reasonable alternative exists?

Has anyone dealt with a similar situation? Just trying to figure out whether this is typically considered a valid reason for denial.

 

[justblue]

Hi everyone,


I submitted a valid ESA letter for my dog, and my landlord responded saying their insurance company has breed restrictions. They claim approving my ESA could cause them to lose coverage or raise their premiums, so they're denying the request.

My dog has no history of aggression and there have been no complaints. The denial is based entirely on breed, not behavior.

I'm trying to understand whether insurance policies override ESA accommodation requirements under the Fair Housing Act. Does this count as an undue financial burden automatically, or would they need to provide proof that no reasonable alternative exists?

Has anyone dealt with a similar situation? Just trying to figure out whether this is typically considered a valid reason for denial.

Of course they can. Losing their coverage for your ESA is not a reasonable accommodation to expect of any landlord.
Is your dog a pit? Do you have renters insurance with your dog listed under the policy with a very large coverage ( + 500,000.00)?

 

[adjusterjack]

Has anyone dealt with a similar situation?

I'm the insurance "go to" guy here.

Ask him to show you the breed exclusion written in his policy.

If he can't or won't then he is stuck with your ESA.

It may be true that his insurer has breed restrictions for underwriting but they would apply to the owner of the breed.

It would be an odd policy that would be written to exclude breeds owned by tenants.

I suspect he's either ignorant of how insurance works or he's lying.

Are you already living there or just applying for the rental?