Why are "no pet" clauses allowed in leases?

Question

Why are "no pet" clauses legal in the US but not in Toronto? At least according to this site, in Toronto you can't disallow pets.

I started thinking of it and its actually a little absurd. Trying to apply the same reasoning to other things. Like disallowing musicians, when really you just don't want noise to bother other tenants. Disallowing frat students because you think they ruin your apartment and bother neighbors. Disallowing X because you believe it will cause Y instead of just disallowing Y.

They are not perfect analogies, but I think the main reason people disallow pets is for damages, and maybe noise. Isn't this discrimination against pet owners?

Answer 1

Not all discrimination is illegal. For instance, landlords discriminate against those who can't afford to pay the rent. They might discriminate against former tenants who destroyed several walls during their lease period. They discriminate against those with bad credit, and often might discriminate against the unemployed. Landlords often do discriminate against frat students/college students in general.

In fact, at least in the US, discrimination is generally allowed unless it's discrimination for one of a few specifically prohibited reasons (such as race). A lease is a negotiation on both sides; it requires both the landlord and the tenant to be satisfied with each other.

As for why different places have different laws: Toronto is not actually in the United States. That means it has different people, a different culture, different primary values, and a different legal tradition. It's not surprising that laws are different; if laws were the same everywhere, the world would be a boring place indeed.

Answer 2

In the U.S. it is legal to "discriminate" against tenants for any reason not explicitly forbidden by law. Your question contains good examples of why a property owner would legitimately want to discriminate.

HUD enforces federal anti-discrimination law. Presently:

Federal law prohibits housing discrimination based on your race, color, national origin, religion, sex, familial status, or disability.

Some states and jurisdictions have additional categories that are protected from discrimination in the rental or purchase of property. E.g., in California it is also illegal to discriminate on the basis of ancestry, marital status, age, sexual orientation, source of income, or medical condition.