Neighbor Across From Me Claims She Has Asthma

[photosinthesys]

Hello!

I had seen a similar post in this area of the forum, and I'm also facing a similar problem. Neighbor supposedly has asthma and claims it's been acting up the moment she saw i had cats (I'd been living there for a few months starting September last year, and only around march this year did she complain). She even said her asthma had started acting up around January and such. Long story short, her dates don't really seem to be adding up, and is requesting I move my cats out. The condo rules generally state that no pets are allowed, but my landlord said he wasn't sure about it since there were unit owners who also had pets, and even the condo manager gifted one of the workers (who live in the building) a puppy (who also lives there). The building itself has strays roaming around.

The neighbour across from me and the manager of the condo are pretty close friends, so now the manager wants me to move my cats out, and I've been vacuuming everyday, and even bought a purifier and those door-stopper things to prevent drafts. There are even other neighbours who smoke near her unit and she doesn't seem to complain about them. I'm planning to move out soon, but for now, I'd like to know if any of you could give me some advice on how to handle this (maybe any more tips on what I could do to prevent cat hair from coming out the door? or whatever). I feel really uncomfortable whenever I come home since I'd always worry about being called up into the manager's office (I've anxiety issues).

 

[neely]

I don't mean to laugh because this is not a laughing matter but speaking from personal experience I also have asthma and find it incredibly impossible for the cats inside your apartment to affect your neighbor. I would be curious to learn if her asthma is also affected by outdoor irritants, e.g. trees, pollen, mold, etc. I completely understand how anxious this can make you feel and that it is an uncomfortable situation for you living there especially since your neighbor is close friends with the condo manager.

It's a personal decision you have to make whether or not to pursue staying and getting legal advice or move. What does your lease specifically state about owning a pet? If it clearly states pets are not allowed then you probably do not have any legal recourse. However, since you stated there are other unit owners with pets that does make a difference and may give you leverage. There are U.S. legal reps. you can contact for free advice depending on what state you live in.
State Legal Aid Resources - FindLaw

Best of luck, please keep us updated.

 

[AbbysMom]

I don't mean to laugh because this is not a laughing matter but speaking from personal experience I also have asthma and find it incredibly impossible for the cats inside your apartment to affect your neighbor.

It's very possible. A member here had their brother die from a severe asthma attack due to cats in the apartment next door. They all shared common air system.

photosinthesys Do the apartments share a common heating/air/ventilation system?

 

[Freedom]

I'm so sorry. I can well imagine that stomach knot which develops each time you come home. You said you are moving "soon." Does the Manager know this? If not, next time he approaches you on this topic, let him know that you are in the process of relocating and that should solve the problem for everyone. Also advise him of all the measures you have taken - air purifier, vacuuming, draft door stopper etc. So he knows you are not just blowing them off, you are taking heed and taking action. I do not think you should get in to ANY of this with the neighbor directly. She will just come up with some other complaint.

As a last resort do you have a family member or friend who could take in the kitties until you move? Keep that to yourself as a back up plan if things escalate before you can relocate. It helps with the anxiety over this issue, knowing that you have at least 2 steps in place to make it through this.

 

[surya]

It may just be psychosomatic, she see's cats and she complains, but it seems like it doesn't matter since she's friends with the manager. It doesn't seem like there is much you can do but move as soon as possible and let the manager know you are doing everything you can.

 

[arouetta]

In reference to AbbysMom's post, a condo across the street would not have a shared air system. A condo across the street would share atmosphere and that's about it. It is utterly impossible that the neighbor's asthma would not be triggered by pollen, pollution, ferals, the puppy and cigarette smoke, yet would be triggered by your cats. It's not even psychosomatic, which surya mentioned, she's just a person who hates cats and would love to see every cat be abducted by aliens. Take your doctor some brownies or donuts and give him a sympathetic story for a note, call them emotional support animals, point out to the manager that emotional support animals are deemed a reasonable accommodation and must be permitted in "no pets" housing per federal law (Fair Housing Amendments Act of 1988) and buy the cats some catnip.

 

[AbbysMom]

She didn't mention it was across the street though. If it was, I would totally agree that there is no way the cats are bothering her. It sounds like this is a single building with condo units inside.

 

[arouetta]

She didn't mention it was across the street though. If it was, I would totally agree that there is no way the cats are bothering her. It sounds like this is a single building with condo units inside.

It was in her second paragraph.

I still say you should call them call them emotional support animals photosinthesys. Technically you don't even need the doctor's note as landlords and HOAs can't require proof that the animal really is a service/emotional support animal.

 

[surya]

The emotional support animal sounds like a good angle. I was also thinking, out of sight, out of mind. Maybe you could cover the lower half of your windows in a way, so that she could not see the cat.

 

[PushPurrCatPaws]

Hello!

I had seen a similar post in this area of the forum, and I'm also facing a similar problem. Neighbor supposedly has asthma and claims it's been acting up the moment she saw i had cats (I'd been living there for a few months starting September last year, and only around march this year did she complain). She even said her asthma had started acting up around January and such. Long story short, her dates don't really seem to be adding up, and is requesting I move my cats out. The condo rules generally state that no pets are allowed, but my landlord said he wasn't sure about it since there were unit owners who also had pets, and even the condo manager gifted one of the workers (who live in the building) a puppy (who also lives there). The building itself has strays roaming around.

The neighbour across from me and the manager of the condo are pretty close friends, so now the manager wants me to move my cats out, and I've been vacuuming everyday, and even bought a purifier and those door-stopper things to prevent drafts. There are even other neighbours who smoke near her unit and she doesn't seem to complain about them. I'm planning to move out soon, but for now, I'd like to know if any of you could give me some advice on how to handle this (maybe any more tips on what I could do to prevent cat hair from coming out the door? or whatever). I feel really uncomfortable whenever I come home since I'd always worry about being called up into the manager's office (I've anxiety issues).

It sounds like there are possibly many (other) factors which could be giving this neighbor asthma attacks... Jan-March signals spring season in many locations on the planet and seasonal mold and pollen allergies/asthma often crop up at this time; get videos of any other animals you see in the building roaming around near her condo, if she is trying to claim her asthma is due to an animal... it may not even be your animal; note down what other condos/apartments from which you've smelled cigarette smoke; get a copy of the condo rules and note down anyone else you know has pets in the building; keep your receipts and documentation if you have purchased anything in response to being accused of it being your cat & you are trying to address that, like the receipt for an air purifier you've purchased; get the condo manager to put any communications to you about this topic in writing so that you have documentation. If you have any apartment or condo associations in your city that deal with tenants' rights, contact them and see if you can get some advice.

 

[AbbysMom]

It was in her second paragraph.

I am not honestly trying to be a jerk, but I don't see it. I am getting old though. I see "Neighbor across from me", but that could be across the hall.

 

[PushPurrCatPaws]

It was in her second paragraph.

...

I believe she meant, across the hallway from her, not a street.

 

[surya]

I believe she meant, across the hallway from her, not a street.

I was visualizing across the street too, it would make a difference in the proximity to the cat.

 

[PushPurrCatPaws]

I was visualizing across the street too, it would make a difference in the proximity to the cat.

Well, when she said, "... The building itself has strays roaming around.", I envisioned a single building with condos next door to each other off of an enclosed hallway. Not several, separate buildings. But maybe the OP can clarify.

 

[orange&white]

I like the emotional support idea, although I think in my state you have to be officially diagnosed as clinically depressed (or some other mental imbalance...anxiety would probably work) to have a support animal.

Other than that, since you plan to move anyway I would fight it with the manager (not the neighbor). Let her know that you will follow the "no pets" rule if she sends out a letter to every single tenant enforcing the rule (no exclusions...like the ones whom she gifted the puppy), and has a rescue group trap and relocate the feral colony. Unless that happens, tell you feel like you are being individually discriminated against. She doesn't have a leg to stand on. She can't pick and choose which tenants have to follow the rules. Either everyone does or no one does.

 

[MoochNNoodles]

photosinthesys Can you clarify where the neighbor lives in proximity to you and what your building is like? I read it as if the neighbor across from you is not the same neighbor with asthma. I think we're all reading it a little different.

 

[orange&white]

The condo rules generally state that no pets are allowed, but my landlord said he wasn't sure about it since there were unit owners who also had pets, and even the condo manager gifted one of the workers (who live in the building) a puppy (who also lives there).

Also...the landlord is probably the manager's boss/employer, so he would have the final say. Send him a basket of fresh homemade sweet rolls.

 

[PushPurrCatPaws]

...
Let her know that you will follow the "no pets" rule if she sends out a letter to every single tenant enforcing the rule (no exclusions...like the ones whom she gifted the puppy), ... Unless that happens, tell you feel like you are being individually discriminated against. She doesn't have a leg to stand on. She can't pick and choose which tenants have to follow the rules. Either everyone does or no one does.

This is so true.

 

[Willowy]

Technically you don't even need the doctor's note as landlords and HOAs can't require proof that the animal really is a service/emotional support animal.

While it's true that public access channels (store owners/clerks/etc.) can't ask for proof that a Service Dog is a Service Dog, landlords absolutely can require a doctor's note for Service Dogs or ESAs. The wording is: "Landlords can require written verification from the tenant's health care provider that they are disabled but cannot ask for any specifics about the disability."

But anyway, if pets are allowed, each resident has the same right to residency as the next. So you would have as much right to live there with cats as she would to live there without cats. But since the cats aren't technically allowed, and they're just being kind of overlooked, that does complicate matters. Since you're leaving soon, just kind of skate by for as long as possible, hopefully you'll be gone before anything happens. It takes several months for eviction proceedings to finalize, even if they decided to go that route. I think you're doing all that can be expected with the air purifier and door block.

 

[photosinthesys]

Hi guys! Thanks so much for the reply and i'm digesting a lot of the advice and mucho appreciate the support To clarify: AbbysMom neely MoochNNoodles arouetta she lives across the hallway, but we don't have a shared air system of sorts. It's a really old building, so could also be that as well :u I've taken to vacuuming daily and my boyfriend was kind enough to purchase one of those automated air fresheners as well. Will update you if something does happen again, but I am planning to move out soon, since I'd rather not be a nuisance to anyone. :u thanks again! <3 <3