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Can landlords ban tenants from keeping service and emotional support animals?

To keep their building running smoothly, landlords often must enforce their property rules. This could mean ensuring tenants make regular rent payments, managing cleanliness of the property and enforcing policies regarding pets.

However, it is possible that some tenants have a disability or condition for which they may require assistance. Could a landlord restrict tenants from keeping service and emotional support animals?

Service animals cannot be banned

Even if a building has a no-pet rule, New Jersey law states that landlords cannot restrict tenants from keeping service animals.

This is because service animals, typically dogs, receive special training to aid their owners who are dealing with disabilities. They may do the following:

  • Guide owners who may be blind or deaf
  • Protect owners from danger
  • Sense incoming health events
  • Retrieve objects for their owners
  • Remind owners to take medication

However, landlords should note that they can hold tenants who require the aid of service animals liable if their animal companion causes damage to the property.

What about emotional support animals?

Meanwhile, some tenants might require an emotional support animal (ESA). These animals provide companionship and support to their owners who may be struggling with mental illness. Unlike service animals, ESAs do not receive training to assist owners with disabilities.

New Jersey landlords can impose some rules on keeping ESAs. Examples could be:

  • Not allowing them to roam without their owner’s supervision
  • Requiring owners to clean up after them

It is important for landlords to understand the laws on service animals and ESAs. This way, they could mitigate the risk of disputes with tenants arising from violations of the law.

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