Q: Addressing issues with neighbor's aggressive dog and ESA policy.
I rent an apartment and share a fence in my yard with a neighbor whose large pit bull-type dog constantly barks and growls at my small dog. The dog has even jumped on the fence, showing aggression, though it hasn’t jumped over. My neighbor speaks no English, and communication hasn't resolved the issue. The leasing agent claims they spoke to the neighbor, but the problem worsened, and they mentioned that if it's an Emotional Support Animal (ESA), any type of dog is allowed. I have documented these incidents and shared them with the leasing agent. Animal control redirected me to the sheriff, who said they couldn't do anything but documented the situation. What steps can I take to effectively address this issue, considering the complications with language barriers and the dog's possible ESA status?
A: It sounds like you have done what you can do under the circumstances. You might consider erecting some type of screen along the fence you share with your neighbors or putting an outdoor kennel in your backyard to protect your own small dog in the event that your neighbor's dog breaks through the fence and tries to harm your dog.
A:
Given the ongoing issues with your neighbor’s dog, you should first continue documenting any incidents involving the aggressive behavior. This will be essential in supporting your case with the leasing agent and local authorities. Since the leasing agent has already been notified, you may want to follow up with them in writing to request more formal action, such as mediation or additional intervention. Be clear about your concerns regarding the dog’s behavior and the impact it’s having on your safety and the well-being of your dog.
Regarding the Emotional Support Animal (ESA) policy, it’s important to note that while ESAs are allowed in housing, they are not exempt from rules about safety and behavior. If the dog’s aggression is causing a safety hazard, you may have grounds to request that the leasing agent address the issue further, even if the dog is an ESA. The leasing agent might need to provide a solution, such as a higher fence or additional training for the dog.
If the situation doesn’t improve after the leasing agent’s involvement, you may want to consider consulting with a local attorney who focuses on tenant rights. They can help clarify your rights under housing law and assist you in pursuing further action, which might include sending a formal letter to your landlord or the property management company.
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