ESA: Unproven status and claimed after issues raised

We are co-owners in a fourplex in Los Angeles. It is a TIC (Tenants in Common). Three of the units are owner-occupied and one is rented. One of the owners used to own the entire building but sold off three units. They were planning to sell theirs but moved into it after it failed to sell. They own multiple properties in and around the city (this might be relevant when it comes to the final question later on). 

The terms of the TIC stipulate only two dogs (four-legged animals) are allowed per unit. They have three. For a while they were also fostering dogs bringing the total in the unit at any one time to five. The City of LA only allows three dogs per unit.

When a issue was raised about this breaching the terms of the TIC but there being more than two dogs and also the dogs creating excessive noise, they then claimed one of the dogs is an ESA. They initially offered to provide proof but then backtracked saying they have only ever needed to show a picture of the dog in other buildings they have lived in. They have still not provided proof of any of the dogs being ESA and the issues continue. The ESA status was never mentioned when they person moved back into the building (something was meant to be temporary but has now been a year) and was first claimed when issues with the dogs' behavior were raised. 

This individual have lied about things previously including a problem tenant with whom they had a long running legal dispute which they failed to disclose when we bought our unit from this person. They still act like they own the building and oversee maintenance etc. which is unfortunate. The other owners either try to avoid confrontation (although they confirmed the noise issues) or are absentee and don't care about the problems caused. The HOA is self-managed with the owners making up the board.

What can we do? If they turn out to have an ESA (which I doubt), with the two animal limit is the issue actionable? Is the issue actionable on the noise alone? What they continue to claim an ESA exemption but fail to provide evidence? Also, with the fourplex being three parts owner-occupied and one quarter rented, does the Fair Housing Act apply or isn't that even relevant here? 

Obviously, anyone wanting to sell their unit would need to declare these issues and the owners dispute which could impact the value (if they're ethical and following the law, of course). Any advice appreciated and welcome.



 

NAA. ESAs are not above the law. They cannot disturb other residents and the owners are responsible for damages. ESAs do not count toward the total number of pets per Fair Housing, but foster animals do. No ESA documentation has been provided, and unless the residents have an apparent disability, that must be provided before the animal can be regarded as an ESA. Start calling authorities when the dogs are barking or when there is clearly more than the allowed number of animals. The city will back you up with citations and possibly animal removal depending on their protocols. I am not familiar with these types of agreements, but if you have the right to terminate residency following violations I would exercise it. Speaking with an attorney is highly recommended.