ESA's / HOA's and a no pet policy

[Nicholas Barker]

Hello all! Let me preface by saying, I know the "Pet Policy" discussion has been beaten so hard and frequently, but upon searching the forums, I couldn't find any threads directly relating to this issue. If there are, I greatly apologize and if you could link it, I will happily take my knowledge search there.

Anyhow, I currently own two condo units in the smoky mountains in TN that operate solely as vacation rental/STR's. Both units are in the same complex where the HOA has a VERY strict "No Pet Policy". I have clearly stated in my listing that no pets are allowed on the premise per the HOA by-laws. I recently ran into an issue where a guest brought an ESA and I was notified by the HOA that they were aware a guest had a dog and reiterated that no pets are allowed. I responded explaining that I was aware of the rule, and my listing explicitly stated no pets are to be present and went into further detail after talking with the guest (who didn't notify me of the animal beforehand) that they stated it was an ESA.

I am seeking advice on how to handle this situation with both the guest as well as the HOA. Do I have to allow ESA's even when I have a no pet policy and the HOA has a blatant no questions asked no pets policy on the entire premise (which I believe I do and I understand) and if so, how should I respond to the antiquated HOA that doesn't seem to grasp this concept.

Thank you all in advance!

[Nathan Gesner]

Quote from @Nicholas Barker:

Hello all! Let me preface by saying, I know the "Pet Policy" discussion has been beaten so hard and frequently, but upon searching the forums, I couldn't find any threads directly relating to this issue. If there are, I greatly apologize and if you could link it, I will happily take my knowledge search there.

Anyhow, I currently own two condo units in the smoky mountains in TN that operate solely as vacation rental/STR's. Both units are in the same complex where the HOA has a VERY strict "No Pet Policy". I have clearly stated in my listing that no pets are allowed on the premise per the HOA by-laws. I recently ran into an issue where a guest brought an ESA and I was notified by the HOA that they were aware a guest had a dog and reiterated that no pets are allowed. I responded explaining that I was aware of the rule, and my listing explicitly stated no pets are to be present and went into further detail after talking with the guest (who didn't notify me of the animal beforehand) that they stated it was an ESA.

I am seeking advice on how to handle this situation with both the guest as well as the HOA. Do I have to allow ESA's even when I have a no pet policy and the HOA has a blatant no questions asked no pets policy on the entire premise (which I believe I do and I understand) and if so, how should I respond to the antiquated HOA that doesn't seem to grasp this concept.

Thank you all in advance!

Service animals (e.g. guide dog for the blind) are covered by ADA and must be permitted in public spaces, defined as an inn, hotel, motel, or a lodging offering short-term rentals that operate similarly to a hotel. 

Emotional Support Animals are covered by Fair Housing, which has to do with a permanent residence like a long-term rental. ESAs are not covered by ADA and therefore you have no obligation to permit them. This guest is in violation of the HOA rules and your rental policy, and could be subject to whatever penalties they agreed to.

I recommend you do some research on this and somehow mention this in your rental agreement along with a penalty for violations.