Home Selling My Neighbor Has a Very Annoying Emotional Help Canine. What Can I Do?

My Neighbor Has a Very Annoying Emotional Help Canine. What Can I Do?

My Neighbor Has a Very Annoying Emotional Help Canine. What Can I Do?


Q: My husband and I’ve lived in a co-op in Westchester County for 37 years. It’s a three-story constructing that prohibits canines as pets, and we’ve at all times had a fantastic relationship with the opposite residents. However 9 months in the past, our upstairs neighbors acquired an emotional assist canine for his or her teenager. The canine runs forwards and backwards for half-hour at a time. A minimum of three nights per week, it scratches a bed room rug, waking us up all through the night time. We now have shared our considerations with the neighbors, asking them to crate the canine at night time and stroll him when he’s rambunctious. They appeared receptive, however the issue persists. How can we steadiness the rights of individuals to have emotional assist animals with our proper to reside peacefully?

A: So long as this canine isn’t biting folks, it’s in all probability not going anyplace. Help animals are protected lodging beneath county, state and federal fair-housing legal guidelines. Your co-op board might be answerable for discrimination whether it is discovered to be hostile to this canine proprietor, and so might you. So tread flippantly.

“A neighbor might be sued in Westchester,” stated Andrew Lieb, a New York housing discrimination lawyer, noting that the regulation permits your neighbor to sue you for emotional misery and attorneys charges.

As tough because it is perhaps to reside under this canine, attempt to think about the scenario from the proprietor’s perspective and what they is perhaps coping with of their household. “If I used to be the neighbor and needed to do one thing, I’d go on a pleasant marketing campaign,” Mr. Lieb stated.

Legally, the constructing can not cost additional charges to this resident or restrict the canine’s dimension or breed. Focus any complaints you’ve got on parts of the scenario that violate your constructing’s guidelines, resembling unreasonable noise. You may use a decibel reader to point out how loud the noise is and the way lengthy it lasts, to determine that it’s unreasonable, after which make a criticism to your co-op board so the sound might be mitigated.

You too can examine the constructing’s bylaws to see in case your neighbor has adequate carpeting. Some buildings require residents on higher flooring to have 80 p.c of the ground carpeted.

“Emotional assist animals are protected, however they nonetheless have to obey any home guidelines,” stated Jonathan Roman, an actual property lawyer who practices in Westchester.

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