How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Legal
Satisfied Customers: 30899
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

is there a way to get around the dog weight restriction on

This answer was rated:

is there a way to get around the dog weight restriction on a rental apartment as discrimination

Unfortunately, no. Animal owners are not within a suspect class - reserved to certain groups (minorities, women, senior citizens, etc.) - that allows discrimination claims to be filed.


The only claim would be if the dog was a seeing-eye dog.

Customer: replied 6 years ago.

So how is weight restrictions not discriminatory if a dog is well behaved and not a bad or barking dog? Why and how would they be within a legal right to limit the weight size of a dog? Say 25 lbs as opposed to 60 lbs...

What if it were considered a service dog i.e, a psychologist, doctor etc... Is it still legal for them to enforce such rules?

It is not discrimination because dogs don't have rights like people do. Also, discrimination claims are limited to race, sex, age, disability or religious beliefs of humans.


If it is a service dog for a disability of its owner, that's a different story.


Property owners have a right to restrict their properties to dog limits/restrictions just like they can make apartments non-smoking.


These rules will be enforced and stand up to legal challenges.

Customer: replied 6 years ago.

SO if it is considered a "service dog.".. Which could be considered as such by a psychologist, or doctor for per say a mental disability then the place or residence would not have a legal right to impose this rule on the tenant?


Thanks and this is the last portion of this question...

If you can make a claim for yourself under the ADA with medical documentation, you're in good shape.


Here a link regarding disabilities under the ADA:



Roger and 3 other Legal Specialists are ready to help you

Related Legal Questions