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What are the laws in NJ regarding service or comfort animals…

What are the laws...

What are the laws in NJ regarding service or comfort animals - can a condo have requirements to be met and charge a fee as they would for a pet?

Lawyer's Assistant: Have they talked to a NJ lawyer about this?

Not yet and I was looking online to see if there was somewhere to read the law.

Lawyer's Assistant: What steps have they taken so far?

None so far as we have had a no pet policy but we do allow service or comfort animals with a dr's note.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are thinking of letting pets in our condo and are considering some rules and fees - are these able to be extended to service and comfort animals?

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Answered in 14 minutes by:
5/16/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 14,010
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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The NJ Law Against Discrimination does not allow a company/owner to charge additional for emotional support animals; please see this state advisory here:

2. Emotional support animals. For an occupant with a disability whose medical provider prescribes an emotional support, therapy or assistance animal, reasonable accommodations may include granting an exception to a policy that bans pets or imposes weight or size restrictions. However, a housing provider may impose reasonable conditions on approvals for emotional support, therapy, or assistance animals, such as requiring that they not be permitted to roam the premises unsupervised, or that the occupant or another responsible person clean up after the animal. In housing matters, an emotional support, therapy, or assistance animal does not need to be specially trained to serve a person with a disability. And although these animals are often dogs, other animals can also function as emotional support, therapy or assistance animals. Persons with a service or guide dog or emotional support animal cannot be required to pay extra for having the animal on the premises. However, they can be held liable for any damage that the animal causes to the premises.

http://www.nj.gov/lps/dcr/downloads/fact-Disability-Accommodation.pdf

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

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Customer reply replied 3 months ago
In a condo where pets are charged for in terms of a registration fee, can service animals also be charged the same fee? - What about an extra deposit for potential damage?

They can only be charged for actual damage charged; otherwise it is a violation of the NJ Law Against Discrimination which is located here:

http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/discrim_in_hsing.pdf

Additionally the deposit cannot be more than 1.5x the rent per NJSA 46:8-21.2:

http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/sdepsit_law.pdf

This booklet may come in handy if you are in the business of renting.

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Customer reply replied 3 months ago
Thank you - how do I rate you - as excellent. Thank you

Thank you kindly for taking the time to do that;

there should be stars or smiley faces on your side you can click on;

otherwise the site can credit me based on you expressing your excellent rating (sometimes the rating does not function especially if on a cell)

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 14,010
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Legal Specialists are ready to help you
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Thank you kindly!

take care.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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