Again, there are no "tenants rights" regarding places being or not being pet-free. So they are not infringing on anyones right to live in a place because it's pet free because no such right exists. If their animal is loud or disruptive, then yes they are infringing on other tenants rights to quiet enjoyment of the property, which is generally a right in most states
For example:
- Landlords can write warnings or even evict a tenant with a service or emotional support animal if the animal is disturbing others, posing a threat to others or causing considerable damage to the property.
Semantics (or specifics of what is/is not in a lease) are exactly what's being argued here. It also does not ordinarily appear in any lease that you are living in an animal-free apartment complex, just that YOU are or are not allowed to have any pets. Nuances of the law IS the point. You can't frame something as someone's "right" to anything unless its actually been legally defined as a right. Just because someone would like to live in a pet-free building and they thought the building was pet-free when they leased the apartment, doesn't mean the landlord can't decide 3 months later that they'll allow pets and start allowing other tenants to have pets.
From a legal standpoint, ESA and service animals are not considered "pets". That's what I'm referring to. I agree that from a practical standpoint, they're basically pets