Our LL group just had someone ask about an "ESA" ™ that was often listed as a "dangerous breed."
Here was the response to which I responded "and THIS is why insurance rates are so high particularly in New York."
The law has changed where an insurance company cannot discriminate based on a breed of dog, but many companies will have dog bite exclusions allowing them to deny a dog bite claim I did a little research as noted below. If you are having problems with this situation we may be able to help you with insurance coverage:
What the law says in New York
In 2022, New York enacted Insurance Law § 3421, which places restrictions on insurers’ ability to deny or limit homeowners (and related) policies based solely on dog breed. Animal Law+2Law Offices of Richard A. Fogel, P.C.+2
Key points:
Under § 3421, insurers cannot refuse to issue or renew, cancel a policy, or charge a higher premium simply because the policyholder owns a specific breed of dog (or mix). ASPCA+3Animal Law+3Law Offices of Richard A. Fogel, P.C.+3
Also, insurers may not exclude, limit, restrict, or reduce coverage under a policy just because of dog breed. Law Offices of Richard A. Fogel, P.C.+2Barclay Damon+2
However, there is an exception: if the dog (regardless of breed) has been legally designated a “dangerous dog” under New York Agriculture & Markets Law § 123, then insurers may underwrite differently (refuse, cancel, or adjust based on reasonable underwriting principles) due to the elevated risk. Animal Law+2Law Offices of Richard A. Fogel, P.C.+2
Thus, under current law, simply owning a dog of a particular breed (e.g. a breed commonly viewed as aggressive) cannot serve as the sole basis for denying a homeowner’s insurance policy (or canceling or raising rates) in New York. Barclay Damon+3Law Offices of Richard A. Fogel, P.C.+3Animal Law+3
Application to a landlord’s insurance (rental / landlord policies)
The law is written in the context of homeowners’ insurance (and recent amendments have extended protections further). PropertyCasualty360+3Law Offices of Richard A. Fogel, P.C.+3Barclay Damon+3
For landlord or rental-property insurance, the situation can be more complex:
Insurers may still impose liability or dog bite exclusions in the policy, or may decline to cover damages or injuries caused by a dog, depending on policy language. (Even before § 3421, many policies had “dog liability exclusions” for breeds with known histories or for dogs with prior bite incidents.) Department of Financial Services+2Law Offices of Richard A. Fogel, P.C.+2
The new law’s protections may not fully cover all types of insurance (depending on how “homeowner’s policy” is defined and how courts interpret applicability to landlord policies). Law Offices of Richard A. Fogel, P.C.+1
If a dog is designated “dangerous,” insurers may refuse or limit coverage even under § 3421. Animal Law+2Barclay Damon+2
Insurance underwriting still considers risk factors such as a dog’s prior bite history, aggressiveness, how the dog is restrained, and other behavioral or situational factors — not merely breed alone.
So, while an insurer cannot deny a policy solely because of a certain breed, they may deny or exclude coverage (or impose conditions) based on actual risk associated with the dog (history, behavior, dangerous designation).
Summary
No, under current New York law, insurance companies cannot deny coverage solely because a landlord (or homeowner) owns a specific dog breed.
Yes, they may deny or exclude coverage if the dog is legally designated as “dangerous” or if there is evidence of high risk or prior incidents, so long as their decisions are based on sound underwriting and actuarial principles. (Not just breed stereotypes.)
In practice, for a landlord, that means a policy might still include limitations (e.g. dog bite exclusion) or stricter scrutiny, but a blanket denial based on breed alone is barred (for eligible policies).
--64.246.xxx.xx