General Discussion > Emotional Support Animals (publicly viewable board)

Can my co-op do this? PLEASE READ, PLEASE HELP

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napoleonjoel:
I have two emotional support dogs. One is a 30 pound beagle the other is a boston terrier. The boston has allergies so is sensitive to mold and damp areas. Anywho i just was approved for both of them the reason i am writing though is I am already having issues. First thing is they want me to only come in and out thru the basement , i am told i can not go thru the front entrance with them. 2nd they are telling me i am required to carry them. I am short and little and have back issues, they are asking me to carry a 15 pound bt, and a 35 pound beagle, and lastly they are saying they cant go to the bathroom ( even if i clean it up) on the property, i am suppose to carry them off the property. these do not seem like reasonable requests to me, but i am unsure of the legality of them as i dont see any posts about being required to carry my service animal. if anyone has any laws regarding any of these concerns or can point me in the right direction that would be great. its very uncomfy running into the super here and hes like ARNT you going to carry them, i cant, they are to heavy for me to carry and i want to cross my T's and dot my I's , thanks for any and all info. i have been approved for them so i suppose the hardest part is done, i just dont want to be harassed like this.

Kirsten:
There's a case in the courts right now about restricting access with ESAs in public areas of apartment complexes.  So whether they can require you to use certain entrances or not has not been determined yet.

I don't think they can require you to carry your dogs.  I sure couldn't carry my 85 pounder.  I suggest you deal with this by sending them a request in writing for an exception to this rule because you can't carry them.  Then get the reply in writing and that should be the end of it.

As far as toileting on the property, that's going to depend.  How far is "off" the property?  Usually what happens is the apartment complex designates a toileting area right next to the dumpster, which is convenient for all because then you can just chuck the bag in the dumpster after you clean up.  So I'd ask for that.

Are there concrete laws that say what they can and cannot do?  No.  There aren't even concrete laws that say they have to permit them in the first place.  It's all based on the principle of reasonable accommodation.  Is it reasonable, when considering the interests of both parties, to make a modification to a "no pets" rule to permit an ESA?  Usually (but not always) yes.  Is it reasonable to require the ESA owner to minimize the negative impact of their ESA on other tenants?  Usually (but not always) yes. 

Compromise on both sides is necessary to make it work.

Now a word about housing and laws.  It is rarely a good idea to force an issue legally with a landlord of a residence you intend to stay in.  Why?  Because if you make them mad, they will find other ways to annoy you and make you want to leave.  You can file a complaint with HUD for discrimination, but be aware that it will mean disclosing details about your disability which the landlord will have access to, and it will probably take about 2 years to be resolved.

So, what I always recommend for the lowest stress solution most likely to get acceptable results in a timely manner is to screw on your sweetest smile possible, be as reasonable as possible, and sweet talk them into what you want.  But also get it in writing.  Don't just chat with them about it.  Write to them and ask for a written response.  Because then you have a permanent record of what was said/promised by both parties.  You have a form of written contract which makes it clear what is expected on both sides and difficult to change the rules later on.

HumSD:
I think them wanting you to carry the dogs is stupid. I couldn't carry my 65lb dog, I'd like to see someone tell me I had to.

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