ESA's Allergy to Neighbor (by Robert J [CA]) Sep 14, 2020 12:12 AM|
ESA's Allergy to Neighbor (by RB [MI]) Sep 14, 2020 6:46 AM
ESA's Allergy to Neighbor (by John... [MI]) Sep 14, 2020 8:22 AM
ESA's Allergy to Neighbor (by 6x6 [TN]) Sep 14, 2020 8:56 AM
ESA's Allergy to Neighbor (by Gene [OH]) Sep 14, 2020 11:40 AM
ESA's Allergy to Neighbor (by 6x6 [TN]) Sep 14, 2020 8:59 PM
ESA's Allergy to Neighbor (by JKJ [MA]) Sep 15, 2020 3:23 AM
ESA's Allergy to Neighbor (by John... [MI]) Sep 15, 2020 4:13 PM
ESA's Allergy to Neighbor (by Robert J [CA]) Sep 15, 2020 4:28 PM
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ESA's Allergy to Neighbor (by Robert J [CA]) Posted on: Sep 14, 2020 12:12 AM
An apartment building had a No-Pet policy. But the landlord made an accommodation "required" under Fair Housing rules for tenants with the emotional-support dog.
A tenant that lives next to that ESA dog's apartment and uses the same entryway had allergies to pet dander.
As the landlord tried to balance the needs of the tenant who wanted an ESA dog and the other tenant with server pet allergies. The owner thought the allergies was occasional and allowed the dog.
But the tenant with allergies would get overwhelmed and the dog danger would restrict the breathing pathways and cause major medical issues. The allergic tenant was more allergic to cats and had to carry epinephrine auto-inject device because her sinuses would swell and congestion -- possible death..
The owner was aware of both tenants needs. The ruling went through two courts. First the ESA dog won, but on appeal the women with serious allergies did not have to put up with daily medical problems caused by the dog or pets. AFTER ALL, this was a NO-PETS BUILDING.
So if your tenant allows their dog//cat to poop, pee and they won't clean it up for days, or they keep food outside that attract a swarm of fly's, this could lead to insects and diseases.....Another way around irresponsible pet owners....with phony needs for an ESA pet... Eviction based on Health and Safety Reasons. --47.155.xx.xxx
ESA's Allergy to Neighbor (by RB [MI]) Posted on: Sep 14, 2020 6:46 AM
What could possibly happen ?
Todays Trivia :
Who was the first Caveman
who thought it was a good idea,
to bring Animals into their Cave ?
ESA's Allergy to Neighbor (by John... [MI]) Posted on: Sep 14, 2020 8:22 AM
Um, how about a link to these court rulings, Robert? I'd really love to read them.
Note that almost this exact example has been mentioned before officially. Their answer to this hypothetical question was that, if it was an apartment building, then a "reasonable accomodation" would be to re-arrange tenants so that the person with the ESA and the person that was allergic to dogs were further apart.
So, I'd love to read the court case saying what you've suggest happened... Have some links for us? Especially since it was a case and then an appeal that swapped the outcome. Seems like that'd be important news in the landlording world when it comes to ESAs. So, please provide us with the cases so that we can check them out. Thanks.
ESA's Allergy to Neighbor (by 6x6 [TN]) Posted on: Sep 14, 2020 8:56 AM
Thank you for sharing that Robert J.
I am actually allergic to cats and my tenant has an ESA cat, supposedly. I know it is BS but this was before I learned better about it. So far though I have not noticed any problems with damage to the house except for window blinds, which I have already addressed with them. As long as I don't stay in the house a long time then I am fine. I guess when they move I will see for sure then. The tenants and I get along well though so hopefully it will end well. I will be more aware and do differently next time. I really learn a lot from all who share there wisdom here. --73.120.xx.xxx
ESA's Allergy to Neighbor (by Gene [OH]) Posted on: Sep 14, 2020 11:40 AM
Robert J accidentally posted in the wrong post. Here is the link to the info he provided:
ESA's Allergy to Neighbor (by 6x6 [TN]) Posted on: Sep 14, 2020 8:59 PM
Thank you Gene. --73.120.xx.xxx
ESA's Allergy to Neighbor (by JKJ [MA]) Posted on: Sep 15, 2020 3:23 AM
Robert that was an interesting read, thank you for posting. After reading it I think thereís a bit more to evicting for health and safety reasons than you implied, but I see your point. --73.17.xxx.xxx
ESA's Allergy to Neighbor (by John... [MI]) Posted on: Sep 15, 2020 4:13 PM
Glad to be able to read the information in detail. I think this is the most important point:
"Landlords must keep in mind that, in this case, Cohenís allergy to pet dander was a severe, medically documented allergy, constituting a disability. In other words, both tenants had disabilities."
Usually, when I see this come up, I'll see someone mention "my tenant has allergies" and that's it. That is CLEARLY not enough to deny an ESA for.
In this situation, the allergic tenant had an allergy so severe that it was considered a disability. That was the key here. And that is very, very rare.
ESA's Allergy to Neighbor (by Robert J [CA]) Posted on: Sep 15, 2020 4:28 PM
Thank you John, your point was right on and important. --47.155.xx.xxx
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