When emotional support or "comfort" animals do not obey house rules

 

I own a duplex and have always had a no-pets policy, but an upstairs household brought in an emotional comfort animal for their teenager. I learned that I could get sued if I objected to this, so I acquiesced. However, long-term tenants downstairs are complaining of noise when the dog is running around at all hours of the night. When the dog is left alone, the dog barks constantly, and the downstairs residents are getting fed up. What can I do?

 

The dog is a reasonable accommodation under the law, but must obey house rules. Just because a tenant is entitled to have an emotional support animal doesn’t mean that they can wreak havoc on neighboring residents.

It’s paramount to have open and frank communication. The upstairs tenants should be alerted to the nuisance their comfort animal is causing and perhaps they can directly address the dog’s behavior.

For example, they can walk the dog when it becomes rambunctious to burn off energy and can enroll the dog in a doggy daycare service to keep the dog occupied and less noisy during the day. Providing rugs or mats may be able to reduce the noise. At any rate, we want a harmonious relationship between both tenants and our strong preference is that a compromise is struck.

Having said that, it's a good idea to document the complaints, noise levels, and times of the menacing behavior in case the matter is escalated. Although housing providers cannot tell tenants that comfort animals are prohibited, they can potentially ban a certain animal that is causing problems.

Bornstein Law can help you balance the dual interests of reasonably accommodating a tenant and the quiet enjoyment of other residents. When there is a recalcitrant tenant and/or the dog continues to be a nuisance, our office can serve a three-day notice to cure the behavior and if it does not cease, it is grounds for eviction.

Now is a good time to remind everyone that the mere assertion by a tenant that they require a comfort animal or “emotional support” animal is not reason enough to allow a dog into the rental unit. Only a licensed professional with a pre-existing relationship with a patient can certify the need for a comfort animal and then only after a clinical evaluation.

Gone are the days when someone could produce a fraudulent document with a cute picture and badge of their furry friend without any therapeutic review.

Housing providers with a no-pets policy are largely hamstrung when a tenant signs a lease and later welcomes in a 200-pound Great Dane with supporting documentation. We need to recognize that tenants who otherwise have complied with the rules surrounding a comfort animal cannot bring in additional animals. A permissible comfort animal does not give the tenant the license to bring in more.

Some tenants are misinformed in thinking that if they welcome one domestic animal deemed to be a comfort animal, more pets can overrun the rental unit and it becomes a zoo.