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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33999
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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In NJ, does the landlord have the right to charge the tenant

Customer Question

In NJ, does the landlord have the right to charge the tenant additional fee for an ESA dog? According to the lease, I need to have landlord's permission to have a pet. And the landlord has the right to charge a pet fee depending on the size of the pet.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Loren replied 2 years ago.
I am Loren, a licensed attorney, and I look forward to assisting you this morning.
A service dog is not considered a pet and can not be subject to add'l fees or deposits. Also, you may not be evicted for keeping a service dog and your lease may not prohibit them.
If you are discriminated against contact the NJ Attorney General's Office.
Thank you.
Loren
Customer: replied 2 years ago.
Thank you for the fast response. I am aware of the service dogs. I am asking about Emotional Support Animal (ESA).
Expert:  Loren replied 2 years ago.
They qualify for the same protection.
Customer: replied 2 years ago.
Could you forward me official website links on NJ tenant-landlord laws pertaining to ESAs?
I am looking at the law, N.J.SA. 10:5-29.2, and for only deaf, blind, and handicap, service pets are exempted.
Expert:  Loren replied 2 years ago.
Does the dog have any specialized training?
Customer: replied 2 years ago.
it is an emotional supportive dog. what specialized trainings are relevant for such a dog?
Expert:  Loren replied 2 years ago.
Thank you for the clarification.
If there is no specialized training then it does not qualify for protection from either NJ statute or ADA.
Best regards.
Loren
Customer: replied 2 years ago.
so every ESA doesn't qualify for protection from either NJ statute or ADA, does it?
Expert:  Loren replied 2 years ago.
An animal does not unless it has received specialized training.
Customer: replied 2 years ago.
IS there any specialized trainings for ESA dogs?
Expert:  Loren replied 2 years ago.
You would need to check locally for that. Try the VA. They have experience with PTSD treatment and for the animal to qualify it would need to have training to assist a specified and diagnosed illness.
Customer: replied 2 years ago.
Which VA company/organization I should contact? Thank you
Expert:  Loren replied 2 years ago.
http://www.ptsd.va.gov/PTSD/public/treatment/cope/dogs_and_ptsd.asp
Customer: replied 2 years ago.
I have attached the papers that I was told should be sufficient to show to my landlord. My landlord claims that against the lease he will let me keep the dog at his rental if I pay a monthly pet fee. Does he have the right to do so according to the attached papers?
Expert:  Loren replied 2 years ago.
Unless your ESA has specialized training to perform certain tasks, there is no special protection.
Customer: replied 2 years ago.
Did you have the chance to go through the papers?
Would the specialized training be mentioned in the NSA registry paper I forwarded to you?
The answer to these questions are important to me.
Thank you
Expert:  Loren replied 2 years ago.
I do not have any further information to add. I have opted out to give you a chance to be assisted by another expert.
Do not respond to this message as it will delay another expert from posting in this thread.
Best regards.
Loren