Can a Landlord Restrict the Number and Size of Dogs?
Full Question:
Answer:
Landlords generally may set rules and limits regarding pets in leases, although there are special rules applicable to service animals. The licensing requirements for dogs are governed by state and local health authorities, although a landlord may insist on compliance with the law. The weight restriction is a matter of contractual terms in the lease and will be governed by contract law principles. Depending on the circumstances involved, it may be claimed that the landlord waived the restrictions on weight.
The Fair Housing Act provides protections for “service animals” (such as seeing eye dogs) and “companion animals” that are related to a medical condition, and a homeowners association cannot prevent you from having a legitimate “service animal” or “companion animal.”
A person with a disability may have the right to ask for reasonable accomodations in housing matters. The answer may depend in part on whether you qualify as a disabled person within the meaning of the Fair Housing Act and the role the dog plays in allowing you to deal with your disability.
In one case, the plaintiffs claimed that a requirement that the dogs at issue are properly trained, certified, licensed, and an authorization request from a physician specializing in the field of the subject disability be produced was a violation of the Fair Housing Act. The court held that “a requirement that a service dog be ‘properly trained’ does not conflict with federal or state law.” The court further stated that the Fair Housing Act does not require “professional training,” but it recognized that “some type of training is necessary to transform a pet into a service animal.” Regarding the certification requirement, the court noted that there were “no uniform standards or credentialing criteria applied to all service animals or service animal trainers.” However, the court ruled that a tenant should make a bona fide effort to locate a certifying authority. The court upheld the physician authorization requirement as reasonable.
Please see the following AZ statutes:
11-1012. Dogs not permitted at large; wearing licenses
A. Neither a female dog during her breeding or mating season nor a
vicious dog shall be permitted at large.
B. In a rabies quarantine area, no dogs shall be permitted at large. Each
dog shall be confined within an enclosure on the owner's property, secured
so that the dog is confined entirely to the owner's property, or on a leash
not to exceed six feet in length and directly under the owner's control
when not on the owner's property.
C. Any dog over the age of three months running at large shall wear a
collar or harness to which is attached a valid license tag. Dogs that are
used for control of livestock, being used or trained for hunting or dogs,
being exhibited or trained at a kennel club event or engaged in races
approved by the Arizona racing commission, and while the dogs are being
transported to and from such events, need not wear a collar or harness with
a valid license attached provided that they are properly vaccinated,
licensed and controlled.
D. No person in charge of any dog shall permit such dog in a public park
or upon any public school property unless the dog is physically restrained
by a leash, enclosed in a car, cage or similar enclosure or being exhibited
or trained at a recognized kennel club event, public school or park
sponsored event.
11-1018. Exemption of cities, towns and counties
A. The provisions of this article shall not apply to incorporated cities
or towns that impose a license fee and vaccination on dogs by ordinance,
provided that such ordinance is equal to or more stringent than the
provisions of this article.
B. The provisions of this article shall not apply to counties which
regulate the running at large of dogs in the unincorporated areas of the
county by ordinance provided that such ordinance is equal to or more
stringent than the provisions of this article.
