Service Animals and Emotional Support Animal Rights in New Jersey Rentals

If you’re a renter in New Jersey and need a service animal or emotional support animal (ESA), understanding your rights is essential. Whether you need help navigating a landlord’s no-pet policy or requesting reasonable accommodations, this guide covers what you need to know under current New Jersey housing law and federal protections.

Service Animals vs. Emotional Support Animals: What’s the Difference?

While both service animals and ESAs provide meaningful support, they’re not treated the same under state or federal law:

• Service Animals are dogs (and in limited cases, miniature horses) specifically trained to perform tasks or work for a person with a disability—such as guiding, retrieving items, or alerting to medical issues.
• Emotional Support Animals (ESAs) provide comfort or emotional support for a person with a diagnosed mental or emotional disability but are not required to have special training.

Landlords cannot treat either a service animal or ESA as a regular "pet" for the purposes of pet deposits or pet rent, but the types of proof and processes involved are different.

Your Housing Rights in New Jersey

Both New Jersey state law and federal laws like the Fair Housing Act (FHA) protect renters with disabilities who need service animals or ESAs. Landlords generally must make "reasonable accommodations"—modifications to rules or policies—that allow you to live with these animals even where pets are otherwise banned.

• The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on disability, including denial of reasonable accommodations for assistance animals.
• The federal Fair Housing Act prohibits disability discrimination in housing nationwide.

Key Protections for Renters

• Landlords cannot charge extra pet fees or deposits for service animals or ESAs.
• You cannot be evicted simply for having a qualifying service animal or ESA if you follow proper procedures.
• Landlords can ask for certain documentation—but only to the extent allowed by law.

Requesting an Accommodation: Forms and How-To

To live with a service animal or ESA in a rental with a no-pet policy, you usually need to make a "reasonable accommodation request"—in writing, when possible. This involves:

• Stating that you (or a member of your household) have a disability
• Explaining the need for the animal (either as a trained service animal or as necessary support)
• Providing documentation if requested (details below)

There’s no state-mandated form, but the federal government and New Jersey Division on Civil Rights recommend using a written request.

Relevant Official Forms

• Reasonable Accommodation Request (no official number)
  When to use: If you want to keep a service animal or ESA despite a no-pet policy.
  How to use: Write a letter or complete any landlord-provided form. Clearly state your request; attach any needed medical provider note for an ESA. The NJ Division on Civil Rights provides an example for filing a housing complaint, which can also guide the request format.
• Division on Civil Rights Housing Discrimination Complaint (Form DCR-HDC)
  When to use: If your landlord denies your request for a reasonable accommodation for a disability-related animal.
  How to use: Fill out the DCR-HDC form and submit as detailed on the instruction page to start an official investigation with the New Jersey Division on Civil Rights.

What Documentation Can a Landlord Ask For?

For a service animal, your landlord may not ask for detailed medical records or proof of training, but they may ask whether the animal is required due to a disability and what tasks it performs.
For an ESA, you may be asked for documentation from a licensed mental health professional stating you have a disability and need the animal for support, but the details of your diagnosis remain confidential.

Where to File a Dispute or Complaint

In New Jersey, housing discrimination disputes are handled by the Office of Administrative Law for tribunal cases and the New Jersey Division on Civil Rights (DCR) for investigations and enforcement. Most tenants begin by filing with the DCR if there’s a refusal to accommodate a service animal or ESA.

Summary: Steps to Request Accommodation

• Request accommodation from your landlord in writing
• Provide a doctor’s or mental health professional’s note if required (for ESAs)
• If denied, consider filing an official complaint using the DCR-HDC form linked above

Frequently Asked Questions

1. Are landlords in New Jersey allowed to deny a service animal in pet-free buildings?
   In most cases, no. Denying a qualified service animal would likely violate state and federal housing laws, unless the animal poses a direct threat or fundamental alteration of the property.
2. Can a landlord charge pet fees or deposits for a service animal or ESA?
   No. Service animals and ESAs are not considered "pets" under New Jersey and federal laws, so extra pet fees cannot be charged.
3. What proof do I need for an emotional support animal?
   You must provide a letter from a licensed mental health professional stating your need for the animal due to a disability.
4. What if my landlord denies my request?
   You can file a complaint with the New Jersey Division on Civil Rights using the DCR-HDC form to start an official investigation.

Conclusion: Key Takeaways

• Both service animals and ESAs have strong protections under New Jersey and federal law.
• You usually need to request accommodations in writing and provide limited, relevant documentation.
• Landlords cannot charge fees or evict you solely for having a qualified assistance animal.

Understanding your rights and the proper process can help ensure fair treatment in your rental home.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights – File complaints, access resources, and get guidance for housing discrimination.
• Office of Administrative Law – New Jersey – Tribunal handling formal housing disputes.
• U.S. Department of Housing and Urban Development (HUD) – Federal resources and how to file complaints under the Fair Housing Act.
• New Jersey Truth-in-Renting Act – Comprehensive guide to tenant and landlord rights in the state.

---

1. N.J.S.A. 10:5 – New Jersey Law Against Discrimination
2. Federal Fair Housing Act (42 U.S.C. 3601 et seq.)
3. New Jersey Truth-in-Renting Act
4. NJ Division on Civil Rights: Disability Rights

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations