Breed Specific Legislation
Title | Summary |
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WA - Selah - Breed - 5.07.080 Pit bull dogs prohibited. |
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WA - Yakima - Breed - Chapter 6.18 - Pit Bull Dogs |
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Warren v. Delvista Towers Condominium Ass'n, Inc. | In its motion for summary judgment, Defendant argues Plaintiff’s accommodation request under the Federal Fair Housing Act (the “FHA”) to modify Defendant's “no pet” policy was unreasonable because Plaintiff's emotional support animal was a pit bull and pit bulls were banned by county ordinance. In denying the Defendant’s motion, the District Court found that changing a no pets policy for an emotional support animal was a reasonable accommodation under the FHA. The court also found that enforcing the county ordinance would violate the FHA by permitting a discriminatory housing practice. However, in line with US Department of Housing and Urban Development notices, the court found genuine issues of material fact remained as to whether the dog posed a direct threat to members of the condominium association, and whether that threat could be reduced by other reasonable accommodations. |
Weigel v. Maryland |
Following the Tracey v. Solesky opinion, a nonprofit, nonstock cooperative housing corporation issued a rule that banned pit bulls on its premises. Members and leaseholders who owned dogs believed to be pit bulls sought a temporary restraining order and preliminary injunction against the corporation and the state of Maryland in an amended complaint. Although the district court found the plaintiffs had adequately demonstrated standing and ripeness in their claims, the court also found that some of the leaseholders and members' charges were barred by 11th Amendment immunity and by absolute judicial immunity. Additionally, the district court found that the leaseholders and members' amended complaint failed to plead plausible void-for-vagueness, substantive due process and takings claims. The district court, therefore, granted the state's motion to dismiss and held all other motions pending before the court to be denied as moot. |
When Fido is Family: How Landlord-Imposed Pet Bans Restrict Access to Housing | Renters today face widespread landlord-imposed pet restrictions. At the same time, Americans increasingly view their pets as family members, and many do not see giving up their animals as an option when looking for housing. Consequently, pet-owning renters often struggle to find suitable places to live and end up compromising on quality, location, and safety. As homeownership drops and renting becomes more prevalent across the United States, landlord-imposed pet restrictions increasingly constrain choices, effectively reducing access to housing for many Americans. These policies particularly impact low-income families and those with socially-maligned dog breeds. This Note analyzes how landlord-imposed pet restrictions burden renters with dogs, with a particular focus on renters in the Los Angeles area. Parts II and III explain how legal and cultural attitudes toward pets are evolving, and how public and private restrictions constrain pet ownership. Part IV discusses the impact of landlord-imposed pet restrictions on renters and compares the situation to non-rental contexts in which people have sacrificed their own well-being to protect their pets. Part V asserts that the Fourteenth Amendment Due Process Clause and the penumbral right to privacy can be interpreted to protect pet-owning families from government-imposed pet restrictions. It argues that while these constitutional protections do not apply in the private rental context, they do suggest that landlords unreasonably infringe on renters' privacy interests and that legislators should act to constrain landlord control. |
WI - Hewitt - Breed - Pit Bull Ordinance |
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WI - Juneau - Breed - 6.04.090 Pit bulls and other dangerous animals. |
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WI - Montello - Breed - § 117-17 Pit Bull Dogs. |
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WI - Somerset - Breed - Sec. 7-1-9. Wild, exotic and dangerous animals; pit bull dogs. |
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WI - South Milwaukee - Vicious dog - § 23.20 REGULATING VICIOUS DOGS. | In 2017, the City of South Milwaukee amended its section on "vicious dogs" to remove the prohibition on the keeping of dogs described as "pit bull dogs." This ban was repealed on June 27, 2017. |