ESA vs. Existing Tenant with Allergies

[Mindy Jensen]

I wrote  an article about Emotional Support Animals a while ago. This hot-button topic has generate quite the debate, but a recent comment on the article has me wondering.

In a multi-unit situation, what would the law say if there was an existing tenant with allergies to the type of animal that an applying tenant had as an ESA?

Your existing tenant's allergies should be taken into consideration, right? You don't know if the applying tenant will be a good paying tenant, if they will cause trouble or just in general be a pain in the backside.

Can you be forced to accept a tenant with an ESA if you have an existing tenant with allergies? Doesn't the existing tenant have rights? Can you be sued - more importantly can they win - if you refuse based on allergies?

[Jeff B.]

Hmm;  A landlord is forbidden to even ask about applicant/tenant medical issues, so the first problem is, How is the LL to even know of the conflict?

Then there's the issue of exposure of one tenant to another.  MFUs with interior hall ways is a clear exposure while an exterior walkway might not due to the fresh air. However, considering a 4-plex configuration (2up, 2down) the access is via exterior stairs and that's no exposure at all.

IMO, all parties (LL, allergic prospect & all others) are responsible for themselves and other than criminal activities and communicable diseases, owe nothing to the other - - and we still get back to "How was I to know?"

Just my $0.02