ESA (Emotional Support Animal) Attacks Neighbor's Kid

NY · Member since 2016 · 15 posts · 5 votes

Hi All!

As the title states, we manage an apartment complex with a strict no pets policy and were forced to accept a resident's dog when they submitted an ESA letter. Yesterday we received notice that the ESA (a pitbull) attacked the next door resident's kid and scratched her on the arm as well as growled in her face.

We've instructed the resident to file a police report and they also submitted photos to us of the scratches as well as a recounting of what happened. This property is in New Jersey where most judges side against landlords in court so we are hesitant to file for eviction for fear that they'll come down on us about it being an ESA.

Has anybody else navigated this sort of thing before? Any suggestions are welcome.

Thanks,

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Greg ScottPro Member

Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes

Your assumption is incorrect. You have the right and arguably the responsibility to remove this animal and/or the resident from your property.

According to HUD: "The FHA does not require a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.A housing provider may, therefore, refuse a reasonable accommodation for an assistance animal if the specific animal poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the individual takes to maintain or control the animal"

You can read the full HUD guidelines here: https://www.hud.gov/sites/dfil...

The ESA abuse by tenants is ridiculous. Amazingly almost all ESAs are restricted breeds like pitbulls or dobermans. We push back hard on ESAs, staying within the HUD guidelines.

Good luck

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
4y
Your assumption is incorrect. You have the right and arguably the responsibility to remove this animal and/or the resident from your property.
According to HUD: "The FHA does not require a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.A housing provider may, therefore, refuse a reasonable accommodation for an assistance animal if the specific animal poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the individual takes to maintain or control the animal"
You can read the full HUD guidelines here: https://www.hud.gov/sites/dfil...
The ESA abuse by tenants is ridiculous. Amazingly almost all ESAs are restricted breeds like pitbulls or dobermans. We push back hard on ESAs, staying within the HUD guidelines.

Good luck

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Emily N.
OP
NY · Member since 2016 · 15 posts · 5 votes
4y
@Greg Scott this is extremely helpful information. Thank you.
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Roger Flot
Investor · Mississippi Gulf Coast · Member since 2019 · 55 posts · 53 votes
4y
In many jurisdictions, after a dog attack, the dog is required by Animal Control to go into a quarantine period during which it is removed from the owner for a period of time for professional evaluation. You may want to check your local rules on that.
Also, just for the purposes of protecting yourself, the tenant should be willing to provide up to date licensing and shot records to you going forward. As this has now become a potentially proven dangerous liability, the tenant should be more than willing to provide you that level of assurance that the animal is in compliance of local laws and regulations in consideration for the health and safety of all.
Seems it would be incumbent on you to alert any prospective future tenants, especially those with children, of the potential danger based on the history of this animal.
None of this may have impact based on where you are, but asking the right questions of the right people may get answers that position you for success. This may not be this animal's first incident that is recorded. Further investigation may prove strategic.
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Adam Martin
Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
4y
I see this as a case of "your rights end where another's begin." Although the ESA is probably a fake you never know but lets assume not, they need an ESA, not necessarily that ESA. If the tenant who was attacked does not file a police report you need to and I also suggest calling animal control and filing a report. The problem may solve itself if it gets taken away. Allstate allows all dogs but not those that have shown aggression and I am pretty sure that will be company wide. You don't need to immediately file for an eviction just post a cure or quit and see what happens and if not prepare to back it up. If the judge dismisses it they do but it is worth a shot. I'd say the request for that particular animal is no longer reasonable based on aggressive tendencies as well as not being able to insure it so you have a double whammy on your hands. Worst case assuming your state allows no fault termination of leases that unit could probably use a makeover that is best done empty. Those are my thoughts and hopefully they work but if not I may take more drastic measures to get rid of the dog.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Your lease agreement should include an "Animal Addendum" that spells out rules for animals, not just pets. These rules can apply to an emotional support animal, service animal, or pet. Violations of the rules are grounds for demanding removal of the animal and/or termination of the lease.
HUD Guide on Emotional Support Animals https://www.hud.gov/sites/dfil...
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Vanessa RegaladoPro Member
Property Manager · NJ · Member since 2019 · 129 posts · 37 votes
4y
@Nathan Gesner That is correct, we require all animals to be registered with our office and the tenant/resident has to fill out a pet registration form with rules and regulations that must be followed in order to house the animal in the complex. ESA or not everyone must follow these guidelines in order to protect the other residents and our client's liability.
[email protected]201-232-5381
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