Generally a landlord may enforce a no pet policy or breed restriction by refusing to lease properties to persons who own animals or who own certain types of animals (for example, pit bulls). The landlord must be careful to consistently enforce such policies.

Remember, if the tenant is making an accommodation request to live with an assistance animal, neither a no pet policy nor a breed, size and weight restriction can be applied to that request. However, if the specific assistance animal in question poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, the landlord can deny that request. A decision that an assistance animal poses a direct threat of harm to others must be based on that animal's actual conduct and not simply on (i) fear about harm an animal may cause or (ii) evidence of harm other animals have caused. In the event you need further information or wish to deny a request for an assistance animal, you should consult an attorney.