YOU DO NOT HAVE TO WAIVE BASIC CONDUCT AND SAFETY STANDARDS.
THE CONDUCT CLAUSE: ESAs AREN’T ABOVE THE LAW
A common myth is that an ESA designation gives an animal a “free pass” to behave however it wants. The bottom line? It doesn’t. While you must waive pet fees and certain restrictions, you do not have to waive basic conduct and safety standards. •Leash Laws Apply: If your property or local municipality requires animals to be leashed in common areas, that applies to ESAs too. An assistance animal is not exempt from local safety ordinances. •The “Unreasonable” Line: An accommodation becomes “unreasonable” if the animal poses a direct threat to the safety of others or causes significant physical damage to the property. You are not required to tolerate an animal that is fundamentally disruptive or dangerous.
Avoid saying:
“Because it’s an ESA, we can’t do anything about the barking or the damage.”
Say this instead:
“While we waive pet fees for assistance animals, all residents are required to follow community conduct rules, including leash laws and noise ordinances.” This clarifies that while the animal is allowed, the behavior must still meet the property’s standard.
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