Service/ESA Animal in New Jersey

[Andy S.]

I came to realize that for service animals or ESAs the NJ/Federal law does not permit charging any deposit or rent. However putting my landlord hat on, I see this as a nuisance to a landlord. An animal is animal and is going to scratch flooring, create mess etc in the rental. In that case, how do I protect my rental investment against damages caused by such kind of animals? What do other landlords do to mitigate this risk?

Thanks in advance for the guidance

[Bruce Woodruff]

@Russell Brazil is correct as usual.

And make sure you know the difference between a Service Animal and an ESA. A true Service Animal is virtually impossible to deny. Makes sense because they are actually helping out disabled and injured people like veterans and such.

But an ESA has a few ways around accepting them.....and as a matter of fact, the HUD has been cracking down because of the massive fraud surrounding this in the past. People were going online and getting bogus ESA letters....

Here are some reasons I looked up where a LL can deny an ESA:

• *They are unable to provide sufficient documentation, such as the emotional support animal letter, that verifies the ESA is necessary for their health and well-being.
• *The tenant provides fraudulent documentation attesting to their need for an emotional support animal (usually a fake emotional support animal letter).
• *The landlord can demonstrate that making accommodations for an ESA would impose undue financial burden or logistical burden. (Careful with this one! The hardship necessary to qualify must be significant and provable.)
• *In the case of an illegal breed… maybe. Some cities and states have "Breed-Specific Legislation" which makes it legal to exclude certain species or breeds of animals. Our research suggests that FHA laws supersede local regulations. If you come across this situation make sure to talk to local attorney so that you understand your responsibilities in your location.
• *The animal is destructive to the property or displays threatening behaviors that could put other tenants or yourself at risk.*
• *The size or nature of the animal makes it impossible to house safely our humanely.
1. *The subject property has 1-4 units and one is owner-occupied.
2. *The rental is a single-family home rented out without the services of a realtor. In addition, the owner of the home must not own more than three single-family homes.
   
3. *Other tenants have allergies or phobias