Can my landlord charge pet rent or a pet deposit for my ESA?

No. Under both the federal FHA and New Jersey Law Against Discrimination, pet rent, pet fees, and pet deposits must be waived for ESAs. However, you're still responsible for actual physical damage beyond normal wear and tear.

Are there breed or weight limits for ESAs in New Jersey housing?

No. Breed and weight limits that apply to pets generally do not apply to ESAs. Following the 2024 New Jersey Supreme Court ruling, decisions must be individualized to the specific animal, not based on stereotypes.

Can my landlord deny my ESA in New Jersey?

Yes, but only under specific circumstances: You don't meet disability requirements You refuse to provide valid documentation when legitimately requested Your documentation is fraudulent or from an unlicensed provider The animal poses a direct threat that can't be mitigated The animal would cause substantial damage that cannot be reduced Your landlord qualifies for a small landlord exemption (owner-occupied, four or fewer units)

Do I have to register my ESA in New Jersey or get a special ID?

No. There is no official New Jersey ESA registry, and federal law doesn't require registration. The only required documentation is a legitimate ESA letter from a New Jersey-licensed mental health professional with whom you have a therapeutic relationship: no ID card, certificate, or vest.

Does my ESA need special training in New Jersey?

No specific task training is required (that's what distinguishes ESAs from service animals). However, your ESA must: Be under your control Be housebroken Not be aggressive or pose a safety threat Not cause ongoing disturbances that fundamentally alter the housing environment Comply with reasonable rules applicable to all residents

Can I have more than one ESA in New Jersey?

Yes, if each animal is necessary for your disability-related needs. You'll need documentation from a licensed New Jersey provider explaining the need for multiple animals. Landlords can consider whether multiple ESAs would create an undue burden, pose safety concerns, or cause significant property damage.

Does my clinician need to be licensed in New Jersey?

Yes. Your provider must be licensed to practice in New Jersey and should include their New Jersey license details in your letter. Federal fair housing law allows documentation from a healthcare provider with whom you have a therapeutic relationship, but that person must be appropriately licensed in New Jersey.

Are ESAs allowed in restaurants and stores in New Jersey?

No. Only service animals have public access rights under New Jersey law (N.J.S.A. 10:5-29) and the ADA. ESAs don't qualify as service animals and can be excluded from restaurants, grocery stores, and most public places. However, some businesses may be pet-friendly by choice.

Can I bring my ESA to work in New Jersey?

Not automatically. Employers aren't required to allow ESAs under the ADA or New Jersey law, though you can request an accommodation. Whether it's granted depends on factors like the animal's behavior, workplace operations, and available alternatives.

What happens if I misrepresent my pet as a service animal in New Jersey?

New Jersey law (N.J.S.A. 10:5-29.5) makes it unlawful to misrepresent a guide dog or service animal. Penalties for misrepresentation: Civil fine of $100 to $500 Business owners can refuse entry or remove you May face lease violations or housing consequences Potential civil liability for fraud

What happens if I provide fraudulent ESA documentation in New Jersey?

Providing fraudulent ESA documentation carries serious consequences in New Jersey: Consequences: Landlords can deny or revoke housing accommodations Potential eviction if fraud is discovered after move-in Civil liability for fraud or misrepresentation Damage to credibility with future housing providers Following 2024 Supreme Court guidance, housing providers will scrutinize documentation more carefully