A landlord is entitled to consider the administrative, financial, or programmatic repercussions of allowing an animal onto the premises, including the potential disturbance to other tenants.

Typically, a landlord will have a difficult time establishing that an emotional support animal constitutes a fundamental alteration or undue burden.

If the emotional assistance animal is particularly disruptive or the tenant fails to take proper measures to ensure that the animal does not bother other tenants, however, the landlord may be justified in denying the accommodation or ultimately filing for an eviction.

I think your question & concern is absolutely valid and should be addressed…I’m just not sure how. As someone with an ESA…and my ESA is an American Staffordshire Terrier, which is almost always one the the breeds that is restricted, atleast here in Colorado..I made a conscious effort to find an apartment in a community that is pet friendly. The person who lives in your pet restricted community with their ESA may not have had other suitable options or may have another reason for moving into a place that isn’t pet friendly that is entirely valid. I personally would not have chosen an apt complex that wasn’t pet friendly because I don’t want to be a source of discomfort or disruption for my neighbors. I want to be allowed to live as peacefully & comfortably as anyone else, which is.made possible by my ESA. I take my responsibility as a person with a mental disability with a need for a support animal seriously & I am so very grateful that I am allowed to have her so I make sure that she has a minimal impact on my neighbors. There have been a few residents that were uncomfortable with her breed but I always try to educate ppl on the true nature of the breed and invite them to get to personally know my dog..even if observed from a distance, before forming an opinion. I’m more than willing to do what I can to help my neighbors be more at ease with my dog. I have yet to have anyone get to know my dog & not adore her..once they see her as my sweet, loving, supportive dog and no longer just as a pit bull type dog, they see her true nature & her roll in my life. I realize not everyone takes having an ESA as seriously as I do and it saddens me. Your neighbor should understand the need to feel comfortable and at ease in your own home…that’s why we have ESA’s and being a source of discomfort for other residents should be something you would think would be a priority. I’m sorry that you have to deal with a situation that causes you anxiety & I wish I had a solution. I’m curious how other ppl, both those with and without a support animal feel about this specific situation. There has to be some sort of middle ground or a solution of some sort so that everyone can be at ease in their own home. I think there needs to be more awareness on this because the focus is usually mostly on the person with the need for an ESA and not others who could be triggered by the presence of the animal. Mental illness effects so many ppl in varying ways & there is no universal treatment that will help everyone..what helps one person can obviously make things worse for someone else. Thank you for making me more aware that just my dogs presence alone could have such an impact on my neighbors. Hopefully there is a compromise that can improve the living environment for everyone involved.

I live in Colorado and I have an ESA & my dog does not need to be with me at all times. I live in a large apartment community that is really dog friendly, which is great but I sometimes do things like take the trash out or walk to the mailbox (about a 2-3min walk each way) without my ESA when my anxiety is low. I’m not sure if it is required in other states but here in Colorado, Im not required to have my dog with me at all times. She absolutely makes a huge difference in my emotional well being & has allowed me to not only feel safe but she is the one thing that can calm me when I start to panic…but I’m not always in panic mode so I don’t need to have her with me at all times. With that being said, while I believe that having her next to me 24/7 isn’t realistic option (grocery shopping, doctor appts etc) if it were soley up to me, I would have her with me at all times because while I’m fully aware of certain environments or situations that will cause me to go into fight or flight mode, I can’t always predict when or how the panic will hit me. There are many times I’ve been affected by an unknown trigger or even for unknown reasons…anxiety is the absence of logic for me & sometimes it just hits without warning or explanation. Sry for such a long response but I hope to give the ppl that don’t have a need for an ESA a better understanding of what someone like me goes through & how much my ESA improves my quality of life..without her support I honestly don’t think I would be able to leave my apartment without severe anxiety. She not only allows me to feel safe when she’s with me but even when I’m alone, knowing that if I can make it through whatever is making me anxious so I can get home to her, makes getting through panic less difficult. She is my second ESA (my first passed away last year) & I credit them both for allowing me to actually live..not just exist in a constant state of fear.

Is this true?

I think if they are causing damage, you can deny them keeping the dogs. I would check with a lawyer who knows landlord-tenant law in the county your property is at, if you haven’t already.