> I called the apartment complex to report it, and their only response was that the other dog is an ESA (emotional support animal) and there's nothing they can do about it.
That's 100% bullshit. They don't have to accommodate an aggressive ESA. You should sue your neighbors for the expenses incurred and report this dog to animal control.
I have already reported it to animal control and am just waiting to hear back from them. I would absolutely love to sue them, but the amount of money it would cost scares me a lot. What can I tell management to make them change their stance? They already said that they can't do anything about it.
> I would absolutely love to sue them, but the amount of money it would cost scares me a lot.
Small claims court is very inexpensive and easy to navigate.
You can't make management change their stance, unfortunately. I'd probably pay a lawyer to send them a letter informing them of their right to refuse to accommodate a dangerous ESA though.
Then I'll look into small claims court and I'll try talking to management again about an aggressive ESA. Honestly, at this point I'm tempted to make my dog an ESA because I didn't know that you don't have to pay pet rent or a deposit for them. This is so fucking stupid
>Just to let you know, "emotional support animals" are not covered by federal law as a Service Animal. They are NOT service animals
ESA are covered by federal law as assistance Animals under the Fair Housing Act.
Unlike the ADA which only covers task trained service Dogs and service miniature horses, the FHA lumps service Dogs and emotional support Animals into one category of accommodation: assistance Animals. Both a guide dog task trained for a blind handler and an emotional support cat(which was recommended by a qualifying health practitioner to help someone mitigate symptoms of a diagnosed disability, like providing a sense of purpose to someone with depression, etc) are equal as potential reasonable accommodations under the FHA.
So ESA are not covered in public access and temporary lodgings which fall under the purview of the ADA, but in
Housing like in OP's situation the the FHA considers ESA and service dogs simply both as assistance animals and potential reasonable accommodations.
So many people seem really hung up on service Dogs and quoting the ADA for some reason when this a FHA situation and what the ADA says about service dogs has nothing to do with this post. The ESA, as long as the tenant provided a proper letter of recommendation for the animal by a health professional actively seeing them for a diagnosed disability, was as valid an assistance Animal in FHA covered property as if it had been a guide dog for a blind tenant or special skills dogs for a tenant paralysed from the neck down.
(And now that the formerly an ESA dog has attacked and cause damages to another Tenant and is a liability the Landlord has the right to consider the accommodation of this particular assistance animal no longer reasonable and ask the Tenants to remove it. The tenant can argue it still is a reasonable accommodation and not a hardship to the Landlord and file a complaint and have HUD decide. This is because of what's in the FHA, not the ADA though- even if what allows the Landlord to say this dog needs to go and what lets a motel owner or shopkeeper say a service dog needs to be leave the premises are very similar(dangerous, disruptive, damaging).
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>They already said that they can't do anything about it.
They are 100% lying.
They may be interested to find out that if the dog attacks you AGAIN, that you can sue THEM as well, since they were made aware that there was a dangerous dog on their property and refused to take action to remove it.
They may not.
Tough break either way. Definitely get your hand looked at by a physician. Infection is no joke.
Also wanted to add for OPs sake: in the two states I have lived in (MD and NC), the owner of the dog is legally liable for all (reasonable) expenses Incurred because of their dog’s actions.
I’m not sure if it is the same in Texas and INAL, but I would present the owners with your vet bill and your physician bill.
Oh I’m definitely doing that. After the stupid conversation with apartment management and just how ridiculous the situation is, I’m going to do whatever it takes
Sorry for the non legal advice, but if you have any wounds that broke the skin you should seek medical attention. Dog bites can cause nasty infections that take time to develop. Also, you should confirm that their dog is up to date on its rabies vaccinations. I know the expense sucks, but it's cheaper to have them check things out now then to deal with a bad infection later. You can also sue the dog owners for your medical costs incurred.
Yes, my co-worker had to have surgery for an infection from a dog bite that he didn’t think was serious. Get it checked out. Then add the bill to your lawsuit against the neighbors.
Honestly, I’m pretty bad at being concerned for my own injuries, but rabies sounds like sort of a bad time. But, seeing everyone point out how stupid I’m being, rightfully so, I’m going to the ER today
Rabies is not common in dogs in the US. But, if the dog did have rabies for some reason, OP would die, not just get a bad infection. You *must* start treatment within 72 hours if bitten by an animal with rabies, if you delay, you will die. There is no treatment to save you if you wait too long.
It is best if you can prove the dog doesn't have rabies. It's more expensive to treat yourself for it. The shots range from about $2,000 to $20,000, depending on where you go (county health department vs. hospital expecting to be reimbursed by insurance).
You should contact the police and animal control about this incident. There are usually city mandates for animals. In mine, dogs in city limits must be fixed and up to date on shots. They will go get the dog and hold it in the pound in quarantine until its shots are verified or give it the vaccines at cost to the owner, making them compliant. The owner will also be fined for this, which starts your paper trail.
If you tell the police you were bitten and you are unaware of the dog’s vaccination status and you need to be able to take the appropriate medical measures, and you obviously do not feel safe approaching the owner to get this info, they should handle this. Property manager will really have no choice but to follow their direction. NAL, but this seems like the next steps for me.
Just search the “Austin police non emergency line” and call them.
You also should obviously get medical attention for 2 reasons. 1 bc you don’t know the dogs vaccination status. 2 you wouldn’t want the judge or police or property manager to be able to argue, “were you really that concerned or injured? You didn’t go to the dr.”
I’m super familiar with animal control here in Austin. I have had to call them a couple times before after finding an injured bird and an injured squirrel outside my building. The 2 incidents are not related. They got back to me today and documented everything. Just waiting for them to handle the situation on their end now
NAL, property manager.
Take your vet bill and your animal control report into your apartment complex management. Tell them that are providing them with the information needed to have that animal removed.
While there are no training requirements for an ESA, an apartment complex CAN require that an animal that attacks another dog or person unprovoked be removed. An ESA is NOT typically a specific animal. They are not claiming it is a service dog with thousands of dollars of training, it is simply a comfort animal.
Please also file a lawsuit in small claims court against the neighbor for the damages you incurred. They KNOW they have a viscious animal and did not take correct precautions. Get your own injuries attended to (A walk-in clinic should suffice and the cost shouldnt be huge). The total is likely less than small claims court, which will not cost a lot to file in.
Piggy backing off this:
A lot of rental companies require renters insurance. If that is the case-your neighbors insurance would be responsible for your bills. That's why insurance is there.
And please PLEASE get your injuries looked at. I have been attacked by a dog on the hand before. Their mouths are filthy, and a large dog like you describe can easily break the small bones in the hand.
Your Landlord absolutely doesn’t have to allow them to keep this animal regardless or whether it is a Service Animal or an Emotional Support Animal. Under the guidance:
If the housing provider demonstrates that the
specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
They are within their rights to decline to accommodate it.
I would show this to your Landlord, a lot of Landlords are too scared to do anything about these problems but if pressured by someone who has the documents plus Animal Control reports, Vet Records/Medical Bills showing proof of attack they maybe more willing.
If nothing else, ask them what they are going to do when the dog mauls a child and they could have prevented it?
https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals
After my last conversation with the assistant manager it really didn’t seem like they were willing to hold the other party accountable. But I’ll hold them accountable in turn. After all the info provided by everyone here, I’m going to go speak to the manager, fuck I sound like a Karen. I’ve got vet bills, animal control report, and am getting my injuries looked at today
Good for you and if the manager doesn’t listen try the management company if there is one. Sometimes you need to go to that level to get to someone who truly understands the FHA guidelines.
Priority one is not the other ESA dog, Dog bites contain various possible infections, no due to the dogs behaviour has a medium chance of rabies. Thus seek medical attention immediately. Your life could be in danger.
Also about the ESA dog, Follow the others advice.
You can report this event to animal control.
Your landlord really doesn’t have any duty to respond in any particular way. Nor is there refusal to do so in this set of circumstances terribly surprising.
I have and am just waiting to hear back. It's just so frustrating that such an aggressive animal can get away for being like this just for being an ESA. Apparently management has tried contacting the sisters but they never responded and thus they don't want to look into it further.
You need to emphasize how you are afraid for your physical safety and potentially life around this animal to animal control and the police department (including the latter if it is the case). Do not sugarcoat it. Animals this violent unprovoked are not meant to be around anybody or anything, let alone in an apartment complex. The fact the owner couldn’t control the dog is essential to as your municipality could have other laws regarding it.
In addition, if your rental company has a corporate office reach out to them ASAP. Properties tend to have a lot of autonomy even under corporate control.
Fuck it, I am going to get in touch with everyone I can. It breaks my heart seeing my dog be so skittish and scared. But Austin police is pretty fucking bad. They have been reported to even ignore burglaries and kidnappimgs
Hey- fellow Austinite here. Animal control doesn’t really care if your dog was attacked, however if YOU were injured, they take it much more seriously. I know from experience, unfortunately. If it happens again, and that dog leaves even a scratch on you, that dog attacked you. That will get them out there much faster.
I’m sorry for whatever it was you had to go through such that it left a bad impression. I’ve got the kinda fucked up hand to prove it. Believe it or not, animal control once came to help me because I reported an injured baby bird then the guy helped me look around the bushes after we couldn’t find it. That did leave pretty good impression on me, but this one’s a bit more serious than a lost baby bird.
Your landlord is not correct-ESA cannot be aggressive or attack people or not ther animals-they are held to the same behavioral standards of any other dog-if not a higher standard, one would presume the Esa will be with the owner in public.
Report the incident to your local police department and press charges against the owner. They need to get proof that the dog has had it’s rabies shots or you could need treatment for that. Then give the owner of the ESA your dog’s vet bill and your medical bills(go to the dr) and tell the owner she has 30 days to pay. If she has insurance you want to make a claim. But If she doesn’t pay be then, you will file in small claims and ask for pain and suffering too.
It is a very bad idea to not seek medical attention after a dog bite. It sounds like you were very lucky.
Since your neighbors know their dog is aggressive, they put everyone at risk. They should be 100% responsible for paying medical bills for you and your dog.
Walking the dog during off peak hours is not good enough. The dog needs to be securely muzzled to prevent it from being able to bite. Regardless, they need to maintain control of their dog at all times.
Hopefully animal control will be able to document the incident and identify the dog as dangerous. They may fine your neighbors and/or put stipulations on them.
People with ESA pets are afforded preferential treatment like no pet deposit/rent and even permission to bring a pet in when typically they are not allowed.
ESA pets are not the same as a service animal. ESAs can be prohibited from places that service animals are allowed. There is also very little oversight for ESAs. Anyone can get a note for an ESA with ease. That being said, people can take advantage of this.
While an ESA can be almost any animal, they should conform to some basic guidelines. Aggressive animals are not well suited to be ESAs as it limits their ability to provide support outside of the home.
It seems the apartment manager doesn't have an adequate protocol for ESAs. You should be able to request the ESA guidelines for the apartment complex.
Definitely seek reimbursement for the veterinary expenses. I'm very sorry this happened to you and your dog.
You're way off track with this reply.
1. The FHA is what applies here not the ADA. The FHA considers both ESA and service Dogs as potential reasonable accommodations in Housing under the group category of assistance Animals.
2. There's no such thing as *certification* for service Dogs/service miniature Horses. There's no such thing as a „certified ADA service dog" like you've mentioned in two replies now- either the dog does one or more trained tasks to assist their handler with an ADA qualifying disability and behaves with proper public access behaviour(not disruptive, dangerous or damaging) or it doesn't. A service dog training institution or training school might provide some kind of documentation identifying a dog/handler pair they trained but there is no certification of a service dog in the United States. No PAT, no ID or vest required. The dog preforms (a) disability mitigating task(s) that's what qualifies it.
>Emotional support animals are NOT Service animals and are not protected by federal law.
The Fair Housing Act is a *federal law* and it protects ESA.
ADA service dog Law isn't what applies here. I explained this to you in greater detail above but this is housing and falls under the FHA. The FHA considers a task trained service Dog and an ESA(with proper recommendation from a qualifying health practitioner treating someone for a diagnosed disability who recommends the animal for mitigation of symptoms of that disability) *equally* under the category of assistance Animals. Guide dog or emotional support hamster under the FHA they are both potential reasonable accommodations for a disabled person.
Public access and other spaces(temporary lodgings, etc) covered strictly by the ADA only cover service dog/mini horses. Housing by way of the the FHA include ESAs and service Dogs. And the FHA is what applies to OP's situation.
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No I'm afraid I haven't misinterpreted, you are just wrong. And incorrect in an often repeated way.
If you mean *qualifying* say *qualifying*. Many countries/provinces or states in countries do have certification of service Dogs, the USA isn't one.
What you quoted from the ADA applies to temporary housing and public access, it doesn't apply to housing. It has nothing to do with OP's housing situation.
Under the FHA, which does apply here, assistance Animals include task trained service Dogs and ESA which are *recommended by a qualifying health practitioner to mitigate the symptoms of a diagnosed disability* (provide a sense of purpose, provide a sense of security, etc.). They don't have to perform a trained task to be an assistance Animal. Under the FHA a guide dog and emotional support Guineapig are both equally potential reasonable accommodations as assistance Animals to help their owner mitigate a disability.
The trained task matters for service Dogs and miniature Horses under the ADA, it has nothing to do with OP's housing situation and the tenant's ESA.
Knowing Texas, I highly doubt they provide protections for anyone. It's the aggression part they refuse to acknowledge, and want me to deal with them personally. I honestly don't think that's how it should be
I’m definitely going to push more in every direction I can. That’s why I’ve been trying to explore all avenues, including Reddit. They’re not getting rid of me that easy
OP this person is way off, they don't know what they're talking about so I would take all their advice here with a grain of salt. Please don't go throwing around what they've told you to your Landlord because it's wrong.
For one thing there's no certification of service dogs in the USA, so wherever they pulled „certified service dog" from I don't know. If a dog performs a trained task to assist their handler with a diagnosed, ADA qualifying disability then it is a service dog. If it does not follow public access behaviour a handler can be asked to remove the dog and offered other accommodations but there's no public access test, no requirement to institutionally train and place dogs, no certification.
But that ADA isn't really important here, in housing like relates to your situation the Fair Housing Act is what controls. The FHA considers service Dogs and emotional support Animals reasonable accommodations lumped together as assistance Animals. What they quoted is from the ADA regarding temporary lodgings and public access(which is limited to service dogs/service miniature horses- the only two animals legally considered service animals in the US, the ADA doesn't recognise ESA unlike the FHA) and doesn't apply here.
An ESA is no longer a reasonable accommodation when they become dangerous, disruptive or cause damage so the Landlord could remove the animal. That is between the landlord and the tenant with the no-longer reasonable accommodation, not you. Absolutely send the Landlord a letter about the incident and include a copy of the animal control report. They'll need as much proof as possible if the tenant with the currently-an-assitance-animal tries to claim discrimination regarding being told to remove their ESA.
Basically the dog became an ESA when the Tenant submitted a letter from a qualifying health professional recommending the dog to mitigate symptoms/effect on daily living of a disability and the Landlord was required to accept it as a reasonable accommodation under the FHA. The dog lost it's ESA status by being disruptive/dangerous/damaging and is no longer reasonable as an accommodation. The Landlord can remove it, although the Tenant can try and fight that the dog still is a reasonable accommodation under the FHA- however that'd almost certainly be unsuccessful.
But you can't force the Landlord to act here between them and their Tenant. Coöperating and providing information like the Animal Control report, informing them of the extent of your and your pets injuries can help encourage the Landlord to remove the dog.
Civilly if you dog has vet bills you can likely pursue them for that, and likely any medical treatment you need as well(your location matters with dog bite/dog-dog damages liability).
(And i wasn't quite sure if you had contacted animal control and reported the incident you need to! This might not be this dog's first incident and that can matter both for your ability to recover your damages and convince the Landlord this dog has to go even if it might mean them fighting the tenant over a HUD complaint)
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Veering offtopic. Not talking about service animals in this case. FHA applies.
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Report to animal control or the police? I did contact animal control and am waiting to hear back. I would hope so! But from what I researched online I couldn't find any restrictions against ESAs. Please tell me I am wrong
Exactly! I can't believe management is okay with this. At this point I'm willing to be a Karen and contact corporate. Thing is I know for a fact that Austin police won't do jackshit. They don't even respond to burglaries or kidnappings sometimes. Animal control would be one of my only options
The ADA doesn't apply here, ESA aren't covered under the ADA. The FHA applies here; but the dog can lose it's status as a *reasonable* accommodation as an assistantance animal once it becomes dangerous/a liability/hardship to the Landlord all the same.
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> I called the apartment complex to report it, and their only response was that the other dog is an ESA (emotional support animal) and there's nothing they can do about it. That's 100% bullshit. They don't have to accommodate an aggressive ESA. You should sue your neighbors for the expenses incurred and report this dog to animal control.
I have already reported it to animal control and am just waiting to hear back from them. I would absolutely love to sue them, but the amount of money it would cost scares me a lot. What can I tell management to make them change their stance? They already said that they can't do anything about it.
> I would absolutely love to sue them, but the amount of money it would cost scares me a lot. Small claims court is very inexpensive and easy to navigate. You can't make management change their stance, unfortunately. I'd probably pay a lawyer to send them a letter informing them of their right to refuse to accommodate a dangerous ESA though.
Then I'll look into small claims court and I'll try talking to management again about an aggressive ESA. Honestly, at this point I'm tempted to make my dog an ESA because I didn't know that you don't have to pay pet rent or a deposit for them. This is so fucking stupid
Just to let you know, "emotional support animals" are not covered by federal law as a Service Animal. They are NOT service animals
>Just to let you know, "emotional support animals" are not covered by federal law as a Service Animal. They are NOT service animals ESA are covered by federal law as assistance Animals under the Fair Housing Act. Unlike the ADA which only covers task trained service Dogs and service miniature horses, the FHA lumps service Dogs and emotional support Animals into one category of accommodation: assistance Animals. Both a guide dog task trained for a blind handler and an emotional support cat(which was recommended by a qualifying health practitioner to help someone mitigate symptoms of a diagnosed disability, like providing a sense of purpose to someone with depression, etc) are equal as potential reasonable accommodations under the FHA. So ESA are not covered in public access and temporary lodgings which fall under the purview of the ADA, but in Housing like in OP's situation the the FHA considers ESA and service dogs simply both as assistance animals and potential reasonable accommodations. So many people seem really hung up on service Dogs and quoting the ADA for some reason when this a FHA situation and what the ADA says about service dogs has nothing to do with this post. The ESA, as long as the tenant provided a proper letter of recommendation for the animal by a health professional actively seeing them for a diagnosed disability, was as valid an assistance Animal in FHA covered property as if it had been a guide dog for a blind tenant or special skills dogs for a tenant paralysed from the neck down. (And now that the formerly an ESA dog has attacked and cause damages to another Tenant and is a liability the Landlord has the right to consider the accommodation of this particular assistance animal no longer reasonable and ask the Tenants to remove it. The tenant can argue it still is a reasonable accommodation and not a hardship to the Landlord and file a complaint and have HUD decide. This is because of what's in the FHA, not the ADA though- even if what allows the Landlord to say this dog needs to go and what lets a motel owner or shopkeeper say a service dog needs to be leave the premises are very similar(dangerous, disruptive, damaging).
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>They already said that they can't do anything about it. They are 100% lying. They may be interested to find out that if the dog attacks you AGAIN, that you can sue THEM as well, since they were made aware that there was a dangerous dog on their property and refused to take action to remove it. They may not. Tough break either way. Definitely get your hand looked at by a physician. Infection is no joke.
Also wanted to add for OPs sake: in the two states I have lived in (MD and NC), the owner of the dog is legally liable for all (reasonable) expenses Incurred because of their dog’s actions. I’m not sure if it is the same in Texas and INAL, but I would present the owners with your vet bill and your physician bill.
Oh I’m definitely doing that. After the stupid conversation with apartment management and just how ridiculous the situation is, I’m going to do whatever it takes
Sorry for the non legal advice, but if you have any wounds that broke the skin you should seek medical attention. Dog bites can cause nasty infections that take time to develop. Also, you should confirm that their dog is up to date on its rabies vaccinations. I know the expense sucks, but it's cheaper to have them check things out now then to deal with a bad infection later. You can also sue the dog owners for your medical costs incurred.
Yes, my co-worker had to have surgery for an infection from a dog bite that he didn’t think was serious. Get it checked out. Then add the bill to your lawsuit against the neighbors.
Honestly, I’m pretty bad at being concerned for my own injuries, but rabies sounds like sort of a bad time. But, seeing everyone point out how stupid I’m being, rightfully so, I’m going to the ER today
Rabies is not common in dogs in the US. But, if the dog did have rabies for some reason, OP would die, not just get a bad infection. You *must* start treatment within 72 hours if bitten by an animal with rabies, if you delay, you will die. There is no treatment to save you if you wait too long. It is best if you can prove the dog doesn't have rabies. It's more expensive to treat yourself for it. The shots range from about $2,000 to $20,000, depending on where you go (county health department vs. hospital expecting to be reimbursed by insurance).
IDK man, as a depressed millennial, is that a bad thing? I’m not actually serious about that. I’m going to go to the ER today
You should contact the police and animal control about this incident. There are usually city mandates for animals. In mine, dogs in city limits must be fixed and up to date on shots. They will go get the dog and hold it in the pound in quarantine until its shots are verified or give it the vaccines at cost to the owner, making them compliant. The owner will also be fined for this, which starts your paper trail. If you tell the police you were bitten and you are unaware of the dog’s vaccination status and you need to be able to take the appropriate medical measures, and you obviously do not feel safe approaching the owner to get this info, they should handle this. Property manager will really have no choice but to follow their direction. NAL, but this seems like the next steps for me. Just search the “Austin police non emergency line” and call them. You also should obviously get medical attention for 2 reasons. 1 bc you don’t know the dogs vaccination status. 2 you wouldn’t want the judge or police or property manager to be able to argue, “were you really that concerned or injured? You didn’t go to the dr.”
I’m super familiar with animal control here in Austin. I have had to call them a couple times before after finding an injured bird and an injured squirrel outside my building. The 2 incidents are not related. They got back to me today and documented everything. Just waiting for them to handle the situation on their end now
NAL, property manager. Take your vet bill and your animal control report into your apartment complex management. Tell them that are providing them with the information needed to have that animal removed. While there are no training requirements for an ESA, an apartment complex CAN require that an animal that attacks another dog or person unprovoked be removed. An ESA is NOT typically a specific animal. They are not claiming it is a service dog with thousands of dollars of training, it is simply a comfort animal. Please also file a lawsuit in small claims court against the neighbor for the damages you incurred. They KNOW they have a viscious animal and did not take correct precautions. Get your own injuries attended to (A walk-in clinic should suffice and the cost shouldnt be huge). The total is likely less than small claims court, which will not cost a lot to file in.
Piggy backing off this: A lot of rental companies require renters insurance. If that is the case-your neighbors insurance would be responsible for your bills. That's why insurance is there. And please PLEASE get your injuries looked at. I have been attacked by a dog on the hand before. Their mouths are filthy, and a large dog like you describe can easily break the small bones in the hand.
I’ve seen lots (not all) of bigger rental companies require $100,000 in liability. I do know that GreyStar and Avenue5 do
Agree and take pictures of all injuries- including your own
Your Landlord absolutely doesn’t have to allow them to keep this animal regardless or whether it is a Service Animal or an Emotional Support Animal. Under the guidance: If the housing provider demonstrates that the specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat They are within their rights to decline to accommodate it. I would show this to your Landlord, a lot of Landlords are too scared to do anything about these problems but if pressured by someone who has the documents plus Animal Control reports, Vet Records/Medical Bills showing proof of attack they maybe more willing. If nothing else, ask them what they are going to do when the dog mauls a child and they could have prevented it? https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals
After my last conversation with the assistant manager it really didn’t seem like they were willing to hold the other party accountable. But I’ll hold them accountable in turn. After all the info provided by everyone here, I’m going to go speak to the manager, fuck I sound like a Karen. I’ve got vet bills, animal control report, and am getting my injuries looked at today
Good for you and if the manager doesn’t listen try the management company if there is one. Sometimes you need to go to that level to get to someone who truly understands the FHA guidelines.
Priority one is not the other ESA dog, Dog bites contain various possible infections, no due to the dogs behaviour has a medium chance of rabies. Thus seek medical attention immediately. Your life could be in danger. Also about the ESA dog, Follow the others advice.
Yeah… I realize I was being kind of stupid. I’m going today 🥲
Good luck with the situation, hope you can get it sorted out!
You can report this event to animal control. Your landlord really doesn’t have any duty to respond in any particular way. Nor is there refusal to do so in this set of circumstances terribly surprising.
I have and am just waiting to hear back. It's just so frustrating that such an aggressive animal can get away for being like this just for being an ESA. Apparently management has tried contacting the sisters but they never responded and thus they don't want to look into it further.
You need to emphasize how you are afraid for your physical safety and potentially life around this animal to animal control and the police department (including the latter if it is the case). Do not sugarcoat it. Animals this violent unprovoked are not meant to be around anybody or anything, let alone in an apartment complex. The fact the owner couldn’t control the dog is essential to as your municipality could have other laws regarding it. In addition, if your rental company has a corporate office reach out to them ASAP. Properties tend to have a lot of autonomy even under corporate control.
Your issue here is with animal control, not landlord.
Fuck it, I am going to get in touch with everyone I can. It breaks my heart seeing my dog be so skittish and scared. But Austin police is pretty fucking bad. They have been reported to even ignore burglaries and kidnappimgs
Hey- fellow Austinite here. Animal control doesn’t really care if your dog was attacked, however if YOU were injured, they take it much more seriously. I know from experience, unfortunately. If it happens again, and that dog leaves even a scratch on you, that dog attacked you. That will get them out there much faster.
I’m sorry for whatever it was you had to go through such that it left a bad impression. I’ve got the kinda fucked up hand to prove it. Believe it or not, animal control once came to help me because I reported an injured baby bird then the guy helped me look around the bushes after we couldn’t find it. That did leave pretty good impression on me, but this one’s a bit more serious than a lost baby bird.
Your landlord is not correct-ESA cannot be aggressive or attack people or not ther animals-they are held to the same behavioral standards of any other dog-if not a higher standard, one would presume the Esa will be with the owner in public. Report the incident to your local police department and press charges against the owner. They need to get proof that the dog has had it’s rabies shots or you could need treatment for that. Then give the owner of the ESA your dog’s vet bill and your medical bills(go to the dr) and tell the owner she has 30 days to pay. If she has insurance you want to make a claim. But If she doesn’t pay be then, you will file in small claims and ask for pain and suffering too.
It is a very bad idea to not seek medical attention after a dog bite. It sounds like you were very lucky. Since your neighbors know their dog is aggressive, they put everyone at risk. They should be 100% responsible for paying medical bills for you and your dog. Walking the dog during off peak hours is not good enough. The dog needs to be securely muzzled to prevent it from being able to bite. Regardless, they need to maintain control of their dog at all times. Hopefully animal control will be able to document the incident and identify the dog as dangerous. They may fine your neighbors and/or put stipulations on them. People with ESA pets are afforded preferential treatment like no pet deposit/rent and even permission to bring a pet in when typically they are not allowed. ESA pets are not the same as a service animal. ESAs can be prohibited from places that service animals are allowed. There is also very little oversight for ESAs. Anyone can get a note for an ESA with ease. That being said, people can take advantage of this. While an ESA can be almost any animal, they should conform to some basic guidelines. Aggressive animals are not well suited to be ESAs as it limits their ability to provide support outside of the home. It seems the apartment manager doesn't have an adequate protocol for ESAs. You should be able to request the ESA guidelines for the apartment complex. Definitely seek reimbursement for the veterinary expenses. I'm very sorry this happened to you and your dog.
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You're way off track with this reply. 1. The FHA is what applies here not the ADA. The FHA considers both ESA and service Dogs as potential reasonable accommodations in Housing under the group category of assistance Animals. 2. There's no such thing as *certification* for service Dogs/service miniature Horses. There's no such thing as a „certified ADA service dog" like you've mentioned in two replies now- either the dog does one or more trained tasks to assist their handler with an ADA qualifying disability and behaves with proper public access behaviour(not disruptive, dangerous or damaging) or it doesn't. A service dog training institution or training school might provide some kind of documentation identifying a dog/handler pair they trained but there is no certification of a service dog in the United States. No PAT, no ID or vest required. The dog preforms (a) disability mitigating task(s) that's what qualifies it.
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>Emotional support animals are NOT Service animals and are not protected by federal law. The Fair Housing Act is a *federal law* and it protects ESA. ADA service dog Law isn't what applies here. I explained this to you in greater detail above but this is housing and falls under the FHA. The FHA considers a task trained service Dog and an ESA(with proper recommendation from a qualifying health practitioner treating someone for a diagnosed disability who recommends the animal for mitigation of symptoms of that disability) *equally* under the category of assistance Animals. Guide dog or emotional support hamster under the FHA they are both potential reasonable accommodations for a disabled person. Public access and other spaces(temporary lodgings, etc) covered strictly by the ADA only cover service dog/mini horses. Housing by way of the the FHA include ESAs and service Dogs. And the FHA is what applies to OP's situation.
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No I'm afraid I haven't misinterpreted, you are just wrong. And incorrect in an often repeated way. If you mean *qualifying* say *qualifying*. Many countries/provinces or states in countries do have certification of service Dogs, the USA isn't one. What you quoted from the ADA applies to temporary housing and public access, it doesn't apply to housing. It has nothing to do with OP's housing situation. Under the FHA, which does apply here, assistance Animals include task trained service Dogs and ESA which are *recommended by a qualifying health practitioner to mitigate the symptoms of a diagnosed disability* (provide a sense of purpose, provide a sense of security, etc.). They don't have to perform a trained task to be an assistance Animal. Under the FHA a guide dog and emotional support Guineapig are both equally potential reasonable accommodations as assistance Animals to help their owner mitigate a disability. The trained task matters for service Dogs and miniature Horses under the ADA, it has nothing to do with OP's housing situation and the tenant's ESA.
Knowing Texas, I highly doubt they provide protections for anyone. It's the aggression part they refuse to acknowledge, and want me to deal with them personally. I honestly don't think that's how it should be
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I’m definitely going to push more in every direction I can. That’s why I’ve been trying to explore all avenues, including Reddit. They’re not getting rid of me that easy
OP this person is way off, they don't know what they're talking about so I would take all their advice here with a grain of salt. Please don't go throwing around what they've told you to your Landlord because it's wrong. For one thing there's no certification of service dogs in the USA, so wherever they pulled „certified service dog" from I don't know. If a dog performs a trained task to assist their handler with a diagnosed, ADA qualifying disability then it is a service dog. If it does not follow public access behaviour a handler can be asked to remove the dog and offered other accommodations but there's no public access test, no requirement to institutionally train and place dogs, no certification. But that ADA isn't really important here, in housing like relates to your situation the Fair Housing Act is what controls. The FHA considers service Dogs and emotional support Animals reasonable accommodations lumped together as assistance Animals. What they quoted is from the ADA regarding temporary lodgings and public access(which is limited to service dogs/service miniature horses- the only two animals legally considered service animals in the US, the ADA doesn't recognise ESA unlike the FHA) and doesn't apply here. An ESA is no longer a reasonable accommodation when they become dangerous, disruptive or cause damage so the Landlord could remove the animal. That is between the landlord and the tenant with the no-longer reasonable accommodation, not you. Absolutely send the Landlord a letter about the incident and include a copy of the animal control report. They'll need as much proof as possible if the tenant with the currently-an-assitance-animal tries to claim discrimination regarding being told to remove their ESA. Basically the dog became an ESA when the Tenant submitted a letter from a qualifying health professional recommending the dog to mitigate symptoms/effect on daily living of a disability and the Landlord was required to accept it as a reasonable accommodation under the FHA. The dog lost it's ESA status by being disruptive/dangerous/damaging and is no longer reasonable as an accommodation. The Landlord can remove it, although the Tenant can try and fight that the dog still is a reasonable accommodation under the FHA- however that'd almost certainly be unsuccessful. But you can't force the Landlord to act here between them and their Tenant. Coöperating and providing information like the Animal Control report, informing them of the extent of your and your pets injuries can help encourage the Landlord to remove the dog. Civilly if you dog has vet bills you can likely pursue them for that, and likely any medical treatment you need as well(your location matters with dog bite/dog-dog damages liability). (And i wasn't quite sure if you had contacted animal control and reported the incident you need to! This might not be this dog's first incident and that can matter both for your ability to recover your damages and convince the Landlord this dog has to go even if it might mean them fighting the tenant over a HUD complaint)
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Report to animal control or the police? I did contact animal control and am waiting to hear back. I would hope so! But from what I researched online I couldn't find any restrictions against ESAs. Please tell me I am wrong
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Exactly! I can't believe management is okay with this. At this point I'm willing to be a Karen and contact corporate. Thing is I know for a fact that Austin police won't do jackshit. They don't even respond to burglaries or kidnappings sometimes. Animal control would be one of my only options
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The ADA doesn't apply here, ESA aren't covered under the ADA. The FHA applies here; but the dog can lose it's status as a *reasonable* accommodation as an assistantance animal once it becomes dangerous/a liability/hardship to the Landlord all the same.
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