Banning Certain Dog Breeds

By E-Renter Tenant Screening
Posted on March 9, 2012 under Landlord Tips, Lease and Rental Agreements | icon: commentBe the First to Comment

tenant screening, tenant background check, tenant pre-screeningAround the country, landlords, insurance companies and municipalities are responding to reports of attacks and other problems posed by “bully breeds” of dogs—mostly pit bull terriers—by prohibiting residents from owning them. The New York City Housing Authority has banned pit bulls from its properties. Some municipalities around the country have also outlawed the breed.

On the other side of the argument are the pet owners who love their animals, as well as those who insist their dogs are companion animals, protected by law. In one such case, a 76-year-old tenant has been told she must give up her pit bull or face eviction. Her landlord has received four written complaints about the dog, from teeth-baring and lunging incidents to barking at children. While the tenant has a doctor’s order certifying the dog as a companion animal, other residents feel the dog has not been properly trained, and it’s just a matter of time before a resident or child is hurt.

The American Insurance Association says that dog bites are one of the biggest categories for homeowners’ insurance claims. In assessing risk, and with millions of dollars per year in damage awards, many insurers refuse to cover homeowners with pit bulls, Rottweilers and other breeds deemed “aggressive.”

Some animal protection groups, such as PETA, are calling for bans on breeding pit bulls, while others insist such actions are discriminatory, and that owners need to be accountable for the actions of their dogs.

Landlords have the right to prohibit animals in rental properties, with the exception of companion and service animals for the disabled. If you as a landlord allow animals, you may designate which types your tenants may keep in your property. Some landlords limit dogs by weight; others prohibit snakes and other exotic animals, while others specifically prohibit dog breeds with a reputation for aggressive behavior.

Just be sure your lease agreement clearly states the rules and the consequences of breaking them. Check with your lawyer and your insurance agent to see how allowing these breeds affect your risk.

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