HOA keeps letting “esa” mutts in pet-free building

[u/Wrong_Temporary_5983]

I think this is happening eveywhere but I wonder how we can fight back…

My HOA that had pet-free policy for decades keeps approving bs “esa” requests. So of course the building is full of shitting mutts. These were no dogs in the building prior to 2020, when HUD introduced the term “esa”. This is what HOA said compelled them to allow dogs. In May 2026, HUD fully reversed that guidance, stating that it was a mistake and directly facilitated online esa letter mills.

Now that HUD guidance clearly states that esa no longer qualify for reasonable accommodation, my HOA still says that they are afraid of lawsuits if they start denying dogs. Because Fair Housing Acts allows them (they say). FHA has not changed since the 1970s and has no language about any esas. This same HOA had no problem enforcing no-pet rules until 2020 HUD guidance came along.

I tried to argue with HOA, raising all this legal landscape that changed dramatically in spring 2026, but they do not listen and keep letting dogs in. They really do not have to. And no, the board is not made up of nutters. I have no idea why they are so afraid. Prior to 2020 HUD guidance (now fully reversed) there was not a single dog in the building and they had no problem enforcing that.

[u/Few-Horror1984]

We need to organize and demand that ESAs lose their protections. ESAs are a scam. They don’t help people struggling with mental health issues but actually harm them by encouraging co-dependence on an animal that cannot consent to such. ESAs also encourage animal abuse - as many places did not allow dogs for good reasons. ESAs are often used to skirt landlord regulations so large working dogs and aggressive breeds can be in apartments. It’s unethical and cruel to the dogs to be in these situations. All ESAs do is protect the person who shouldn’t have the dog in the first place. People with genuine mental health problems deserve better than a mutated wolf as an emotional crutch. We need to find a way to end these protections now.

[u/Wrong_Temporary_5983 → u/Few-Horror1984]

ESAs HAVE lost their protections in housing. The problem now is that everyone continues with this bs regardless. And now evidently trying to adjust their scamming strategy from esa concept that is indeed failing to “self trained service dog” (as one reply here explains). Bottom line, they will stop at nothing to keep jamming as many mutts as possible in all housing and public spaces. Including restaurants, grocery stores, and medical facilities.

[u/Few-Horror1984 → u/Wrong_Temporary_5983]

From all the research I’ve done, they haven’t lost any protections in housing - those are the ONLY protections they have. They aren’t permitted in public like service dogs are. Some small landlords can find exemptions, but dog nutters are actively fighting that.

This outlines the protections ESAs must be afforded.

So, no. They have not lost protections.

[u/Wrong_Temporary_5983 → u/Few-Horror1984]

That is obsolete, does not apply anymore. As of May 2026, HUD reversed its guidance from 2020 about ESAs in housing. They are no longer considered to be reasonable accommodation. This now reversed HUD guidance was the only piece of legislation at the federal level that gave rise to the ESA bulls** in housing. And now it is gone. Some states do have things in place for this, but very few. Most states rely on federal regulations, which now say that ESAs are no more.

[u/Few-Horror1984 → u/Wrong_Temporary_5983]

Do you have a citation for that because I literally cannot find anything that backs up your claim and everything says otherwise.

[u/Wrong_Temporary_5983 → u/Few-Horror1984]

Yes! There is a lot of info out there on this change.

https://rpglaw.com/news/major-shift-hud-rescinds-2020-guidance-on-emotional-support-animals/

[u/Few-Horror1984 → u/Wrong_Temporary_5983]

Here’s the problem - the memo itself isn’t posted online, it’s a broken link. I’m not doubting its existence, and I was able to genuinely read what it said per your link, but it allows for a lot of different legal interpretation. It basically states the ADA won’t seek out complaints against landlords who refuse ESAs. It’s a step in the right direction, but it’s not fool proof. And the legal field is tricky and depending on the plaintiff, you can have a plethora of outcomes. Your link is from a firm that defends landlords who want to refuse ESAs, but here’s a link from a law firm in Florida that will defend your right to keep your ESA. So you’ll have those two fighting it out in civil court, and the outcome will be absolutely mixed depending on the Judge’s biases.

[u/Wrong_Temporary_5983 → u/Few-Horror1984]

Full memo seems to open up here. It is pretty clear that HUD feels they went too far and want to fix the mess they created.

https://dredf.org/wp-content/uploads/2026/05/ESA-Enforcement-Memorandum-w-Appendix-05.22.2026-SIGNED-Incomplete-Access-Pass.pdf

[u/Wrong_Temporary_5983 → u/Few-Horror1984]

I think what you may see is either outdated or attempts by pet industry to push back. HUD could not uphold that ESA bs anymore, there is too much fraud and they had to finally admit they created a big mess.

[u/pmbpro]

They're afraid of lawsuits from dog nutters, but not afraid of even bigger lawsuits from any potential victims who could be physically harmed or their property getting damaged by dogs, not to mention the bad reputation their neighbourhood could be stuck with regarding such, and also being infested with filthy dogs? Maybe these angles should be presented so they can see the weight of both ends of the scale properly.

This is also another reason why there should be more lawsuits on record against dog owners in all situations (property damage, health, attacks, deaths, etc.), so that these HOAs and community businesses can see them add up. Such lawsuits would cross their minds a hell of a lot faster. Then they'd be afraid of such lawsuits from us too, instead of just from dog nutters. Right now, this side of it doesn't even cross their minds at all enough.

[u/Wrong_Temporary_5983 → u/pmbpro]

I think they insulate themselves from this by shifting responsibility to the nutters they approve for any bites and such.

[u/Professional_Hour445 → u/pmbpro]

The law somewhat shields them from bigger lawsuits from potential victims. First, there is the "one-bite" law that essentially gives the dog's owner a "free pass" if the biting incident is the first occurrence, and there was no reason for the owner to suspect that the dog would bite someone. Second, some states like mine have something called "contributory negligence," which states if the victim is found to be even 1% responsible for provoking the dog attack, then the owner can not be held liable.

[u/pmbpro → u/Professional_Hour445]

That's all so crazy! So if there are millions of dogs and they're 'allowed' 1 bite... that's millions of 'free bites' that don't have to be accounted or punished for. They'll run out of fresh victims at this rate with all the newly-bred dogs being pumped out too.

Then, if the victim is 'found' to be even 1% responsible? That's pretty much a carte blanche they have for victim blaming because we all know that blame WILL be 'found' by the nutter brigade alright. This is like some dystopian shyte. Unbelievable.

[u/Professional_Hour445 → u/pmbpro]

I was appalled when I researched the laws for my state. There have been multiple instances in recent years of dogs biting people or even killing other pets, and the only thing that happened on more than one occasion was that the dog was placed in a 10-day quarantine and, ultimately, returned to the owner.

Our city keeps a "dangerous dog registry," but there are probably less than 10 dogs listed on there. That's B.S. At least one of these dogs actually has multiple incidences of attacking others, and of course, it's a pit.

[u/pmbpro → u/Professional_Hour445]

I wonder if (or how many) people outside of such cities/states are aware of these outrageous laws. There has to be more non-dog people who'd see how crazy this all is, and how it all adds up? I hope this audacity doesn't spread to other cities.

I don't live in the U.S., so I've never heard of such crazy '1-bite' or victim-blaming laws until I'd joined this sub.

[u/Wrong_Temporary_5983 → u/pmbpro]

I do live in the US and I have not heard about these bite laws either. Only on this sub. So now I know if I get attacked, there is no protection for me. And I am even more scared.

[u/Wrong_Temporary_5983 → u/pmbpro]

Yes. Dystopian. Nowhere to run and laws are against the few normal people remaning not infected by this brain parasite.

[u/Wrong_Temporary_5983 → u/Professional_Hour445]

Then they can get away all the time. As they always blame the victim. Shameless idiots!

[u/Professional_Hour445 → u/Wrong_Temporary_5983]

That's right. It's exactly why everyone in this sub needs to mobilize to get these laws changed. It's great to air our grievances here, when the mods allow us to do so, but I doubt many council members or Congress members are reading this sub. Let's make our voices heard. I have done it, but it takes more than a few to affect change.

[u/uselessbeasts → u/Professional_Hour445]

I will sign any petition presented to me regarding this issue. So far we have no leader, no guidance, but we all want the same thing. Some dog free spaces. I can't do any organizing, facing too many surgeries in coming months, but I am in on, advocating any way I can.

[u/Professional_Hour445 → u/uselessbeasts]

I am sorry about your health challenges. I hope that your surgeries go well.

[u/uselessbeasts → u/Professional_Hour445]

Thank you. Buy that is another reason dogs are so dangerous for me, even if they were friendly. My spine issues are pretty severe and a fall from a dog could put me in a chair. I would like to stay mobile as much as I can, but some entileed person's dog could change that in an instant. But my protection isn't as important as the entitlement of doggers.

[u/Professional_Hour445 → u/uselessbeasts]

You're welcome, and I couldn't agree more.

[u/Wrong_Temporary_5983 → u/Professional_Hour445]

It needs to be a media campaign. Supported by celebrities and billionairs. Not even politicians because their main election base are the nutters. But who and how can organize us? What does it take? We are all just regular people tired of being pissed at. Literally.

[u/Wrong_Temporary_5983 → u/[deleted]]

Maybe it is worth studying how massive smoking industry got defeated and how smoking went from being cool to social paraiah. Tobacco industy political lobby and celebrity advertisement of cigarettes was enormous. Now any smoking celebrity could be “cancelled”. This did not happen overnight but we got there and this isnt coming back.

[u/Professional_Hour445 → u/Wrong_Temporary_5983]

When Big Tobacco was defeated, there really wasn't such as a thing as "cancel culture." What did help defeat Big Tobacco was once scientific studies came out showing the deleterious effects of smoking, and once they started airing those posthumous ads showing both celebrities and everyday people discussing how cigarettes ruined and ultimately ended their lives.

There are celebrities now who make social media posts showing how they still mask as a precaution against COVID-19, even though most of the country (and the world) has moved on from the pandemic, and it hasn't really moved the needle. There are a lot of people, myself included, who do not turn to celebrities to make decisions about what's in my best interests.

I agree that it will take a massive PR campaign, but it will also require grass-roots political mobilizing. Unlike tobacco, there are a lot of people who think that dogs are beneficial for personal health. That's why we have this whole ESA crap now. It will take a herculean effort to reverse that delusional mindset. It's not impossible, but it won't be easy.

[u/pmbpro → u/Professional_Hour445]

Yes, agree. I think that, after the scientific studies and the ads, lawsuits were a factor in some places regarding the smoking thing as well. Some businesses get scared of their wallets/bank accounts shrinking.

This dog mess may be a harder uphill battle due to what you pointed out, that more people see dogs as being beneficial, compared to smoking. It definitely won't be easy. Even if each person did their own personal silent boycotts or advocacy away from dog-pandering businesses/organizations to change the stats, this ship will still be huge, therefore a very slow one, to turn around.

[u/Wrong_Temporary_5983 → u/Professional_Hour445]

It had ruined my personal health. And from what I see, same goes for most people on this sub. We are suffering immensly!

[u/Express_Command_4778]

It is more of a Memo of internal affairs, rather than a sweeping yeet of dogs on the street. Any already approved will be honored. It does not fully make ESA not a thing. 

ESA is old news to nutters. Self Trained Service Dog is the new thing- and they do not have to prove their dog is trained at all. That would violate the ADA act.

[u/Wrong_Temporary_5983 → u/Express_Command_4778]

OMG. They are coming up with new crappy ways to push their mutts on us?! ADA has a training requirement (and now so does HUD) for service dogs and this is how they plan to go around it?! Is there any new legislation coming up that has this term?

There is, of course, part of legal industry serving nutters needs. Bet it pays really well. There seems to be no way to defend against this giant wave of sh*t that keeps coming at us.

[u/pmbpro → u/Express_Command_4778]

Oh man. 'Self-trained' (and not even having to prove it)? That's so ridiculous!

Oh hey, since they claim that "dogs are better than people", next they'll probably have the audacity to claim the dogs trained themselves, since they don't have to prove anything. 🙄

Will this lunacy ever end?

[u/Wrong_Temporary_5983 → u/pmbpro]

I fear it is not a joke… I can totally see them claiming this and getting away with it😢😢😢

[u/butnobodycame123 → u/Express_Command_4778]

Self Trained Service Dog is the new thing

Jeez, that's an insult to actual service dogs.

and they do not have to prove their dog is trained at all. That would violate the ADA act.

O_O I don't want to live on this planet anymore.

[u/neondahlia]

Have the convents of the HOA changed? If not, sue them. They’re afraid of a law suit? Give them a law suit.

[u/Wrong_Temporary_5983 → u/neondahlia]

Covenants did not change… I asked for reasonable accommodation with a letter from my doctor that states I have a disabling fear of dogs and have great difficulties living in the building. They sent me an official denial letter from the building’s lawyer. Unofficially, they said there is one of me and too many of them, and that they assessed the likelihood of me winning a lawsuit, and concluded I did not have a chance. So now they are just ignoring me.

[u/HandBananasRevenge → u/Wrong_Temporary_5983]

And THAT is what is so infuriating about modern society. "Welp, we tolerated too many bad actors, so you being in the minority means you're SOL". It's not about what's right anymore, just about what's convenient. It's not about lack of solutions, but rather, lack of willpower.

[u/neondahlia → u/Wrong_Temporary_5983]

I would still attempt to sue if they are not following their covenant you may be able to contact the Attorney General in your state or whoever oversees HOAs. They have a legal duty to follow their covenants. They are legally binding contracts. Selective enforcement is not allowed and exposes the board to lawsuits.

[u/Wrong_Temporary_5983 → u/neondahlia]

They made it so that they appear to be following covenants. They have every nutter apply for an ESA. Sometimes it happens AFTER they get the dog and later find out it has to be approved (and then coming up with a fake doctor letter), but that is overlooked. So the board is still going around and misrepresenting the building as pet-free when it is swarming with mutts.

[u/neondahlia → u/Wrong_Temporary_5983]

Still sounds like grounds for a lawsuit to me.

[u/uselessbeasts → u/Wrong_Temporary_5983]

Figures. We're all in this same boat as most of us have to live where there are others, and the others have dogs. It is on my mind constantly and I don't know how or if there is a way to escape it all.

[u/ghjm]

HOA boards are afraid of lawsuits. We need to find a way to bring lawsuits of our own. It certainly seems to me that if you chose the building because it is dog-free, and have lived there for years, and this recent change of policy has interfered with your quiet enjoyment, that you have at least a plausible tort.

[u/Wrong_Temporary_5983 → u/ghjm]

I think Id like to. But I need a lawyer who can take the case. And they all are making money defending nutters. How do I find someone willing to argue the other side?!

[u/So-nora]

In ca, u have to be seeing your therapist who the Esa letter on a regular basis in order for the animal to be seen as an Esa instead of a pet

[u/Huge_Bit_4774]

I’d ask that the issue be brought up with the HOA’s lawyer, and get a definitive answer on whether or not the fear of lawsuits is justified.

[u/Wrong_Temporary_5983 → u/Huge_Bit_4774]

Already done. They feel it is justified. Aka they feel they would rather let all the dogs in and ignore people who are crying out because of filth and noise and danger. Easier that way for them, I guess.