Reply to Neighbor in apartment violating dog breed restriction and leash laws with pit bull

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Today I confronted my neighbors who have a pit bull in the apartment complex where there are breed restrictions. In my building, there are at least three different renters in three different units with breeds that are restricted: pit bulls and German shepherds.

I have a small toy breed dog.

This neighbor leaves the dog unleashed and unattended on their balcony. I have started avoiding walking by their balcony. The dog will stare at me and my dog when we walk by. Sometimes the dog will jump up and put her paws on the railing, standing. She's on sidewalk level, and she can easily jump over.

Because of painters, I had to park my car near their apartment. I was afraid.

Today, I was walking out of the mail room three buildings away, and the pit bull was unleashed and jaunting toward me. The young couple was walking behind the dog with their smaller dog on a leash.

I wasn't afraid, but I was startled. I was very polite. But, I told them, "Your dog frightens me. I'm afraid of your dog." They are a young couple who speak English as a second language. The woman said her dog is very nice. I asked how old is the dog, is the dog really old and not able to jump? Because I see the dog sitting outside without a leash. She said the dog is only 1 year old.

Just a few feet away from where the pit bull was walking off leash, is a children's playground, with small children playing.

Everyone thinks their dog is okay and will not hurt anyone. However, I can no longer abide by people who are flagrantly walking around with the pit bull not even on a leash. I think it's cruel to have a dog that size in a small apartment to begin with.

What do I do? Should I write a formal email/letter to the management? Should I go to the management and speak with them? I'm a woman in my early 50s. I don't have small children. How can I possibly be the only person who complains about this issue?

Issue 1: Breed restriction violations.
Issue 2: Leash law violations. [/quote]

Are you sure that the German Shepherd (GSD) isn't a service dog?
The Pit definitely wouldn't be a service dog, but the GSD may be.

Service dogs are always allowed to live in housing that otherwise have pet-free policies or breed restrictions, because as service dogs, they go through such extensive & intensive training to become service dog certified.

My GSD is a service dog, but you'd know it as soon as you saw him, as he doesn't act or react like a pet dog would (although, in our home, he's our lovable & loving PET, once he walks out those front doors, he knows he's working & on the clock, so no saying hi to other dogs, no sniffing the grass for an hour, no distractions, period).

[b]Sadly, all your neighbor would have to do is tell the landlord that their GSD is in actuality a service animal, and your landlord would NOT be allowed to ask what their disability is that requires a service dog, nor is the landlord allowed to ask for proof of certification -- it's against ADA laws, and ADA laws are VERY strict. [/b]
As such, people will always look to take advantage of them.

So, if your neighbor with the GSD says that it's a service dog (even if it's totally obvious to you that the dog is untrained & undisciplinled, so not really a service dog) your landlord is NEVER allowed to ask for proof or certification,  nor what the nature of the disability is... sorry.
[/quote]

That's not actually true.

Housing/ Renting with a service dog are protected by the following laws. All of these laws protect disabled handlers and their service animals, however it is important to keep in mind that these rights are contingent on :

The tenant having a disability (case law suggests the landlord may be permitted to require proof of disability)
Landlord/housing authority being informed of the disability
Reasonable accommodation may be necessary to afford tenant an equal opportunity to use and enjoy his or her dwelling (case law suggests the landlord may be permitted to require proof of need and proof of training for a service dog)
Reasonable accommodation would not constitute an undue burden or fundamental alteration

Additionally, it is lawful for anyone to ask what services the dog performs if they are going to allow the dog in.  The reality is that most people don't want to get into a confrontation, so just won't. That's how all the ESA BS started, with people bringing in dogs that are not trained and have no place in (restaurants, grocery stores, etc) making things more difficult for actual service dogs.[/quote]

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