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SheilaB7 (Arizona)
Posts: 19
Posted:
Our Association in AZ allows one dog under 20 pounds. We love dogs; however for the last couple years we have an enormous amount of Emotional Support Dogs that are constantly barking. Yes, we give them a fine and when they register their dog as emotional support we ask for a letter from the doctor. What I don't like is even though our documents state one dog, we are required to take emotional support dogs and there could be more than one and we could not say anything. We had someone the other day register 3 emotional supports dogs for one very small unit. These are not service animal, there is a big difference between service animal and emotional support.

Just wondering if other have the same problem with barking emotional support dogs and what else can be done besides fining.
SheilaB7 (Arizona)
Posts: 19
Posted:
I was not aware the letter was good for one year. That is good to know.
TimB4 (Tennessee)
Posts: 21,059
Posted:
In the link I provided, scroll down to the section on Housing laws and click the link for ESA Letter.

On that page, it states the following (you will have to scroll down to find it):

How Often Do ESA Letters Need to Be Renewed?

ESA letters are valid for one year and need to be renewed on an annual basis. This means that if you rent long-term, your landlord legally has the right to ask to see you renewed ESA letter every year.

Here is the link to the HUD letter on service animals and emotional support animals:

Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under
the Fair Housing Act


Note: HUD is the agency that oversees/enforces the fair housing act.
SheliaH (Indiana)
Posts: 6,964
Posted:
They might be emotional support animals but that doesn't mean the dogs can act any which way.

I recently met some people who foster dogs who are being trained to be service dogs, and a lady with an emotional support dog. None of those dogs are yapping 24/7 - in fact, they're not supposed to because 5he service dogs have a job - when they bark its be cause the owner needs help or is being alerted to something like an oncoming seizure or dropping blood sugar. The emotional support dog I met was very mellow. It was a goldendoodle who had more golden in it than poodle and had to be calm so it could calm down the owner who has a mental illness.

In short, it's very reasonable to expect dogs to be trained so they can function in and out of the house. That only happens when you have responsible owners. The person with the three support animals may be playing you (no one person needs three support animals).

I say fine them and up the money with each offense- they should be able to file an appeal to explain why their dog isn't trained. Even better - see if there are some organizations in your area who train service animals and ask them for tips on what owners can do. There are pet stores and humane societies who can also help (some even offer obedience training).

Requiring proof of obedience training could be something the board mandates for all owners, but it would likely require a formal rule or change to the CCRs, which require homeowner approval.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Entirely agree with Shelia. No dogs are exempt from HOA rules that prohibit incessant, frequent barking. If your schedule of fines doesn't permit a doubling of fines, addd such additional penalty when the same violation is not cured or is repeated. Just follow your HOA's and state's procedure for making rules.

I do not think you'd need to change your CC&Rs, which if like ours, Gove the Assoc. the authority to make rules about many matters.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am concerned about my HOA challenging my need for an Emotional Support Chicken. Any suggestions?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnC46 on 11/17/2023 8:48 AM
I am concerned about my HOA challenging my need for an Emotional Support Chicken. Any suggestions?

Swap it out for an emotional support dog.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By JohnC46 on 11/17/2023 8:48 AM
I am concerned about my HOA challenging my need for an Emotional Support Chicken. Any suggestions?

Offer to pay any fines is eggs.
JeffT2 (Iowa)
Posts: 880
Posted:
Quote:
Posted By SheilaB7 on 11/16/2023 2:30 PM
I was not aware the letter was good for one year. That is good to know.

Being valid for one year does not appear to be a real government requirement, but it is advice from companies that sell ESA letters. These websites have good and bad information, and so they are not reliable sources of information, especially for board members, since they cater more to those who want an ESA letter. The site linked above does referrals for ESA letters and offers an unnecessary private national registry and questionable ESA merchdise.

In contrast the HUD website and guidance is excellent. The linked guidance is a bit long, but you can skip sections that don't apply to a given situation (such as skipping the parts on Service Animals if you are just considering an ESA). It has guidance on what you can and cannot do.

One tidbit from the HUD guidance:
"In HUD’s experience, such documentation from the internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal."
AmandaS6 (Iowa)
Posts: 1
Posted:
A lot of HOAs and associations are dealing with the same thing, especially the multiple ESA situation. The Fair Housing Act does require you to accept ESAs regardless of pet policies, but it does not mean you have to accept every request automatically. You're allowed to request documentation and evaluate each request individually, and if someone is claiming three ESAs, you can require separate letters for each animal from a licensed mental health professional.

The letters themselves matter a lot here. A legitimate ESA letter has to come from a licensed therapist who has actually evaluated the person, not just a website that generates certificates. If the letters being submitted look generic or don't include the therapist's license number and state, you have grounds to push back and request proper documentation. RealESALetter for example issues letters only after a real same-day evaluation with a licensed therapist, which is what a valid letter should look like.

On the barking specifically, that's a behavior issue and you can enforce noise rules regardless of ESA status. ESA protections cover the right to have the animal, they don't protect disruptive behavior. So keep fining for noise, it's completely within your rights.

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