By Mark Zinman | Zona Law
Question: A resident told me that as of June 1st, we could no longer have breed restrictions. Is this true?
Answer: This is not true. This is a misunderstanding of a recently passed bill. HB2323 (which will become A.R.S. § 20-1510 when the legislature closes) prohibits the use of a dog’s breed from consideration in underwriting or any other matter related to insurance claims. The bill specifically states that insurance policies referred to are homeowner’s or renter’s policy of insurance. Plainly stated, insurance companies can no longer consider a dog’s breed when determining coverage or claims for homeowners’ or renters’ insurance. Some residents have mistakenly interpreted this to mean that landlords can no longer have breed restrictions, especially if the landlord’s breed restrictions were stated as being due to insurance requirements. The bill clearly only applies to insurance companies and does not in any way bind landlords. Remember though, such breed restrictions do not apply to assistance animals.