Can an apartment management restrict pets' excretion in common areas?

[PAPP]

What is the name of your state? - California

My SO and I live in an apartment with no pet policy. One resident has an emotional support dog. My SO saw she let her dog excrete in our courtyard. He asked her politely to take her dog somewhere else to excrete next time. It seemed her reaction was like she could take her dog anywhere and if her dog needed to excrete - too bad. My SO talked to the apartment manager about it and the manager said he would contact his company lawyer first and would take appropriate action.

We're wondering if the apartment management can restrict her pet's excretion in common areas.

TIA!

 

[stealth2]

Did she pick up after the dog?

 

[PAPP]

Did she pick up after the dog?

My SO said she did. We actually don't care if her dog excretes like the parking lots. However, our courtyard has barbeque grills and we often have parties there. We would really appreciate it if she takes her dog somewhere to do toilet things.

 

[cbg]

Are you asking if the apartment management CAN restrict her, or if they MUST restrict her?

 

[PAPP]

Are you asking if the apartment management CAN restrict her, or if they MUST restrict her?

I mean if they "can" restrict her. The apartment manager said he was not sure if they can limit residents with emotional support animals using certain areas without their animals. The apartment has no pet policy and we didn't have pet related issues before.

 

[cbg]

I'm wondering if the proper agency to discuss this with might not be the Health Department.

 

[Taxing Matters]

The landlord may restrict where the dog can go so long as it's reasonable assuming that there isn't anything in the other tenant's lease that guarantees freedom for the dog to use any common area. Particuarly for an emotional support animal, there would seem to be no need for the dog to use, say, the closest spot to the tenant's unit. And of course the management may (and should) require the owner clean up after the dog.

 

[Taxing Matters]

I mean if they "can" restrict her. The apartment manager said he was not sure if they can limit residents with emotional support animals using certain areas without their animals. The apartment has no pet policy and we didn't have pet related issues before.

The landlord cannot restrict the tenant in the use of common areas any more than any other tenant; to do that may violate the federal Fair Housing Act (FHA) and California's fair housing laws. And the dog generally can go where the tenant does. But that does not mean the tenant may be allowed to let his/her pet defacate anywhere it pleases. Owners can train their dogs to signal when they need to relieve themselves (indeed, true support animals are trained that way) and the owner can then take the dog to a permitted area to do that.

 

[PAPP]

The landlord cannot restrict the tenant in the use of common areas any more than any other tenant; to do that may violate the federal Fair Housing Act (FHA) and California's fair housing laws. And the dog generally can go where the tenant does. But that does not mean the tenant may be allowed to let his/her pet defacate anywhere it pleases. Owners can train their dogs to signal when they need to relieve themselves (indeed, true support animals are trained that way) and the owner can then take the dog to a permitted area to do that.

I got the picture. I didn't know the support dogs are trained to signal the owners. That tells me it's likely the fellow tenant thinks she can let her dog relive anywhere she pleases.

The apartment manager agreed if she kept using the courtyard as her dog's toilet, it could reduce the other tenants' enjoyment at there. We hope she will be cooperative.

Thank you for all!

 

[not2cleverRed]

The landlord cannot restrict the tenant in the use of common areas any more than any other tenant; to do that may violate the federal Fair Housing Act (FHA) and California's fair housing laws. And the dog generally can go where the tenant does. But that does not mean the tenant may be allowed to let his/her pet defacate anywhere it pleases. Owners can train their dogs to signal when they need to relieve themselves (indeed, true support animals are trained that way) and the owner can then take the dog to a permitted area to do that.

There is a HUGE difference between an emotional support animal and a service animal.

According to the Ads on my search engine, you can register an ESA in 5 minutes. Emotional Support Peacock, anyone? Not covered by ADA.

Service Animals are trained. Seeing Eye miniature horses are an actual thing. Covered by ADA.

 

[Taxing Matters]

There is a HUGE difference between an emotional support animal and a service animal.

According to the Ads on my search engine, you can register an ESA in 5 minutes. Emotional Support Peacock, anyone? Not covered by ADA.

Service Animals are trained. Seeing Eye miniature horses are an actual thing. Covered by ADA.

Yes, there is a difference. And while the ADA doesn't cover emotional support animals, the Fair Housing Act (FHA) does. See the U.S. Department of Housing and Urban Development (HUD) page on assistance animals.

 

[stealth2]

I got the picture. I didn't know the support dogs are trained to signal the owners. That tells me it's likely the fellow tenant thinks she can let her dog relive anywhere she pleases.

Emotional support animals are not the same as service dogs. ETA: There may also be state-specific protections wrt support animals.

 

[PAPP]

There is a HUGE difference between an emotional support animal and a service animal.

Emotional support animals are not the same as service dogs. ETA: There may also be state-specific protections wrt support animals.

Aahh, I mixed up. I will educate myself about them. Thanks!

 

[not2cleverRed]

Yes, there is a difference. And while the ADA doesn't cover emotional support animals, the Fair Housing Act (FHA) does. See the U.S. Department of Housing and Urban Development (HUD) page on assistance animals.

OP needs to be aware that an ESA can be trained, it is not a requirement.

Of course, responsible neighbors would try to be aware of what are reasonable community expectations, and would do what they could to peacefully coexist.

 

[PAPP]

OP needs to be aware that an ESA can be trained, it is not a requirement.

Of course, responsible neighbors would try to be aware of what are reasonable community expectations, and would do what they could to peacefully coexist.

We surely hope we could coexist peacefully. I just realized my post sounded quite offensive to the dog lovers. I'm very sorry if my post makes you feel unpleasant.

My SO and I have never been a dog owner. I'm not afraid of dogs, but I'm not very comfortable being with dogs because I was bitten by a big dog when I was a child. That's why we always find an apartment with no pet policy and we haven't had this kind of issue in the past.