How Landlords and Property Managers in New Jersey Should Handle Tenants with Service Animals or Emotional Support Animals

How Landlords and Property Managers in New Jersey Should Handle Tenants with Service Animals or Emotional Support Animals

As a landlord or property manager in New Jersey, it’s essential to understand the legal obligations and nuances of dealing with tenants who have service animals or emotional support animals (ESAs). These animals are not considered pets, and the way they should be handled under federal law, as well as specific New Jersey laws, differs significantly from how a typical pet might be treated. This guide will clarify the distinctions between service animals and emotional support animals, what you can charge, and how you should handle damages caused by these animals under New Jersey’s legal framework.

Understanding the Difference Between Service Animals and Emotional Support Animals

1. Service Animals
   Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or, in some cases, a miniature horse) that is individually trained to perform tasks related to a person’s disability. These tasks can include guiding someone with vision impairment, alerting someone with hearing loss, or assisting with mobility. Service animals have federal protections under the ADA and the Fair Housing Act (FHA), which apply to housing situations across New Jersey.

2. Emotional Support Animals (ESAs)
   Emotional support animals differ in that they provide comfort to individuals with mental or emotional disabilities. ESAs are not required to perform specific tasks and do not have the same public access rights as service animals. However, under the Fair Housing Act (FHA), New Jersey landlords must make reasonable accommodations for tenants with emotional support animals.

New Jersey Specific Laws Regarding Service Animals and ESAs

New Jersey follows federal law closely, but there are some state-specific guidelines that landlords and property managers should keep in mind:

• New Jersey Law Against Discrimination (LAD)
  New Jersey’s LAD provides protections for tenants with disabilities, including those who require service animals or emotional support animals. Under LAD, it is unlawful to refuse to make reasonable accommodations for a person with a disability. This means that landlords cannot deny housing to tenants who have service animals or ESAs, nor can they impose additional pet fees or deposits for these animals. Failure to comply with these regulations could result in significant legal consequences for property owners.

• Municipal Ordinances
  Some municipalities in New Jersey may have additional guidelines or regulations regarding the registration of emotional support animals or specific rules regarding damages. Always check local ordinances to ensure compliance with additional municipal rules.

What Landlords and Property Managers Can Charge

One of the most common questions landlords and property managers have is about fees—specifically, what they can charge a tenant for having a service animal or emotional support animal. Let’s break this down for New Jersey:

• Service Animals
  Under both the ADA and New Jersey’s LAD, landlords cannot charge a pet deposit or pet fee for a service animal. Service animals are not pets; they are considered a necessary accommodation for individuals with disabilities.

• Emotional Support Animals
  Similarly, under the FHA and LAD, emotional support animals are not considered pets, and landlords cannot charge a pet fee or deposit for them either. New Jersey landlords must be aware of the legal obligation to make reasonable accommodations for these animals.

Handling Damages Caused by Service Animals or ESAs

Tenants are still responsible for any damages caused by their service animal or emotional support animal, even though they are not considered pets. Here’s what New Jersey landlords need to know:

• Documenting Damages
  It is essential to conduct a detailed walkthrough of the rental unit before the tenant moves in, documenting the unit’s condition. This way, any damage caused by the service animal or ESA can be clearly identified when the tenant moves out.

• Repair Costs
  Landlords in New Jersey can charge for damages caused by the animal as long as it is above normal wear and tear. For example, scratched floors, chewed-up carpets, or damage to walls or doors are considered beyond normal wear and tear, and landlords are within their rights to use the tenant’s security deposit for repairs.

• Security Deposit Limitations
  New Jersey state law limits security deposits to no more than one and a half months’ rent. While you cannot charge an additional security deposit for the service animal or ESA, any damages caused by the animal can be deducted from the tenant’s security deposit, just as with any other damage caused by the tenant.

What You Can Request in Terms of Documentation

While you cannot ask a tenant for specific details about their disability, you can request certain documentation for emotional support animals:

• For Service Animals:
  You are not allowed to ask for any documentation related to a tenant’s need for a service animal in New Jersey. You may, however, ask two permissible questions:

  1. Is the animal required because of a disability?

  2. What work or task has the animal been trained to perform?

• For Emotional Support Animals:
  You can ask for a letter from a licensed mental health professional (such as a therapist or psychiatrist) that verifies the need for the emotional support animal. The letter should confirm that the tenant has a disability and that the ESA is part of their treatment plan. You cannot, however, ask for details about the specific nature of the disability.

Best Practices for Landlords and Property Managers

1. Stay Compliant with State and Federal Laws
   Make sure that your policies comply with both New Jersey law and federal law, including the ADA, FHA, and LAD. Ignorance of the law is not a defense, and non-compliance can result in hefty penalties.

2. Update Your Lease Agreements
   Ensure that your lease agreements are up-to-date and include provisions related to service animals and emotional support animals, including clear explanations of the tenant’s responsibility for damages.

3. Communicate Clearly with Tenants
   Be transparent with tenants about their responsibilities, including any liability for damage caused by their service animal or ESA. Open communication can help avoid misunderstandings and disputes later.

At FARE Property Management, we specialize in helping New Jersey landlords navigate complex regulations and ensure compliance with laws related to service animals and emotional support animals. Our team stays up-to-date on the latest state and federal requirements, so you don’t have to. Let us handle the complexities of property management while you focus on growing your investment. Contact FARE Property Management today to learn more about how we can help you manage your properties smoothly and effectively!