Weight limits and emotional support animals

The rule

A weight limit exists to manage pets. Where an accommodation is granted the animal is not a pet, so the limit is one of the rules the accommodation makes an exception to. A landlord cannot enforce a twenty-five pound cap against a documented assistance animal simply because the cap exists.

When size genuinely matters

• Undue burden, where the animal is large enough that housing it in the specific unit is genuinely impractical. This is a real test and it is rarely met in ordinary rental housing.
• Direct threat, which is about conduct rather than mass. A large dog is not a threat because it is large.
• Substantial property damage, which again is about this animal rather than about a category.

Elevator and shared space rules

Conditions on how an animal moves through shared spaces are usually reasonable if applied consistently and if they do not defeat the accommodation. A rule that the animal uses the service elevator is arguable; a rule that it be carried through the lobby is not workable for a large dog and a landlord who insists on it is creating a problem rather than solving one.

Why landlords write weight caps at all

Usually for lifts, flooring and insurance rather than out of any view about animals. That is worth knowing because it tells you what to address. A landlord worried about a lift is answerable with a plan about the lift; a landlord worried about carpets is answerable with a deposit conversation. A landlord who cannot say why the cap exists is in a weak position if the refusal is ever tested.

Growing animals

A puppy that will exceed the cap when grown sometimes gets an accommodation granted quietly and then challenged eighteen months later. The accommodation attaches to the animal rather than to its weight on the day it was granted, so a landlord revisiting it because the dog got bigger is reopening a decision rather than enforcing a rule. State the expected adult size in the original request and the question does not arise.