Housing Discrimination Against Emotional Support Animals Targeted

Housing Providers Failed to Properly Accommodate Emotional Support Animals for Housing Residents with Disabilities.Photo byMorristown Minute

Attorney General Platkin and the Division on Civil Rights enforce actions against property managers for failing to accommodate residents with disabilities.

NEWARK, N.J. – Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) have issued Findings of Probable Cause against six property management companies and owners in various counties for failing to comply with requests for emotional support animals. These actions stem from alleged violations of the New Jersey Law Against Discrimination (LAD).

The investigations reveal a pattern of disability discrimination, as property managers and owners in Camden, Essex, Hudson, and Morris Counties reportedly denied or mishandled accommodations for emotional support animals. This is in direct violation of established guidelines, including those reinforced by a March 2024 New Jersey Supreme Court decision emphasizing the importance of such support animals for individuals with disabilities.

“New Jersey’s Law Against Discrimination, one of the nation’s oldest and most powerful civil rights laws, protects the right of all New Jerseyans with disabilities to request and obtain reasonable accommodations in housing,” said Attorney General Platkin. “We are sending a message to all housing providers this Disability Pride Month: Providing reasonable accommodations is not optional, and if you violate our laws, we will hold you accountable.”

Key cases highlighted involve multiple properties:

• Claridge House in Verona faced allegations for rejecting a doctor’s legitimate documentation supporting an emotional support animal.
• Lonaconing Apartments in Berlin was noted for its restrictive policies on animal breed and size, as well as unlawful procedural requirements.
• Hamilton Gardens in East Orange reportedly ignored requests, failing to engage in the required interactive process.
• Additional findings included a Jersey City complex explicitly banning assistance animals and Rutgers Village Apartments in Parsippany demanding unnecessary legal attestations from healthcare providers.

“The Law Against Discrimination provides important protections for individuals who request an accommodation for a disability,” said Sundeep Iyer, Director of the Division on Civil Rights. “These protections mean housing providers cannot simply rely on a ‘no-pets’ policy to reject a request for an emotional support animal, and they must engage in good faith with residents with disabilities who request an emotional support animal. Unfortunately, some housing providers still haven’t gotten the message. That’s why we’re bolstering our efforts to educate the public – and to take enforcement action where violations of the law occur.”

These findings do not represent a final judgment but indicate a reasonable suspicion of LAD violations. Final adjudications could lead to penalties ranging from $10,000 to $50,000 per violation.

DCR has also rolled out new training initiatives to clarify LAD protections regarding assistance animals following the Players Place Supreme Court decision. For more information or to register for a training session, visit the Division on Civil Rights Education and Training Unit.

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