Q&A: Companion Animal a Nuisance?

Q Last year I became disabled and applied to the board for approval for a companion dog. Upon approval, I signed an agreement that restricted the dog from certain areas and reiterated the dog could not be a nuisance to neighbors. I installed $6,000 of thick padding and carpeting as well as rugs. The dog is fabulous, no barking, etc. Recently we have had children visit on a regular basis, three times a week, and they play with the dog for about 30 minutes. Other than a few times that the dog has run across the unit a few times at night, that’s really it. I received a letter from the board regarding the excessive, disruptive noise from my unit. What does this mean for my right to have this dog?

—Muzzled in Medford

A “In response to the question concerning whether complaints about excessive, disruptive noise emanating from a unit, the owner of which is disabled and has a ‘companion’ dog, has on the owner's right to keep the dog, I would advise as follows,” says Mark Rosen, an attorney at the law firm of Goodman, Shapiro & Lombardi, LLC in Dedham, Massachusetts. “First, it is not clear whether the ‘companion’ dog is a service dog or an emotional support dog.

“If a service dog, in my opinion, the unit owner has the unfettered right to have the dog. If the dog is a medically supported, emotional support animal, again, in my opinion, the unit owner can have a dog, but possibly he/she may have to get a different dog that does not produce excessive, disruptive noise assuming the excessive, disruptive noise is caused by the dog.

“With that said, it is unclear if from the “facts" set forth in the question whether the excessive, disruptive noise is made by the dog. First, apparently the complaints do not relate to barking, as the questioner indicates there is no barking. Therefore, it is my assumption the noise complained of relates to noise created as a result of the children playing with the dog or the dog running across the unit at night. It very well could be the children are making the noise and not the dog.

“If it is the children making the noise, the unit owner should have them play with the dog outside of the unit. If the noise is caused by the dog running across the unit at night, the unit owner may have to crate the dog at night.

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Comments

  • I have an esa but its a cat. My neighbor has an esa but its a dog. This animal barks non stop. Ive been woken up.early in the morning when they had the dog in the hallway. My bedroom is right there and I am.always awakened by this dogs excessive barking. They think its funny because they feel there is nothing I can do about it. I suffer from.anxiety and depression which is why I have my esa. Now mime is stressed out all the time.because of the excessive barking. My neighbors next door have complained as well. I'm stressed out all the time because I am.exhausted due to lack.of sleep.