Are you thinking about getting an Emotional Support Animal (also called an ESA) in New Jersey? Then you need to take the time to find out your legal obligations and rights under New Jersey state law. New Jersey – like all states – is subject to federal ESA laws. While some states do have additional restrictions or protections, New Jersey does not offer additional state-level laws.
If you want an ESA, New Jersey and federal law state that you need to get an ESA letter for the emotional support animal to be entitled to legal benefits. Here, we’ll tell you all you need to know when it comes to getting an emotional support animal in New Jersey, so you can be well-informed and won’t have any issues with the law.
New Jersey ESA Laws: Summary of Legal Protections
New Jersey emotional support animal laws are not needlessly complicated or difficult to follow, and the state has no additional laws outside of the federal level. Despite this, it is still important to know what rights you have in the various aspects of everyday life where an emotional support animal will be needed.
Emotional Support Animal New Jersey Regulations: ESA Laws in New Jersey
The following are common places that ESA laws do or do not apply in New Jersey, from renting a home to taking your assistance animal on a plane.
New Jersey ESA Housing Laws
Under New Jersey Law, your ESA will be protected by the Fair Housing Act (FHA).
So long as you’re able to show your landlord a valid ESA letter for your animal, they cannot refuse to rent you a property or deny you your right to have your ESA living with you. This is true even if the accommodation in question doesn’t usually permit pets or has size and breed limitations.
This law also extends to students who live in New Jersey campus accommodations. As long as the student has a valid ESA letter, they cannot be denied housing with their animal.
There are a few niche exceptions. You should contact your local legal aid provider for support if your request for reasonable accommodation is denied.
New Jersey ESA Employment Laws
If you live and work in New Jersey and are wondering if you’re allowed to bring an ESA to your workplace, it’s important to be aware that, at the present time, ESAs aren’t covered by state law when it comes to automatic access to public places.
Although service animals are permitted in the workspace under the Americans with Disabilities Act(ADA), ESAs are not afforded such rights. If you find you need your ESA with you at work, consider that maybe a psychiatric service dog would be a better fit for your needs.
New Jersey ESA Travel Laws
Although a service animal will be permitted access automatically to any public space, your ESA is not given the same rights in New Jersey. Nevertheless, some places in the state will allow you to bring an ESA with you onto the premises as a pet. For public commuting, find buses, trains, or ride-share businesses that have pet-friendly policies. If you aren’t sure, call ahead before buying a ticket to confirm their animal transport policies.
New Jersey ESA Travel and Flying Laws
Unfortunately, an ESA is granted no extra rights when it comes to flying in an airplane with you. It can be worthwhile to ask an airline if they’ll allow your ESA access, though they’ll usually have you keep them in a carrier and will likely charge you a fee.
How to Get an ESA Letter in New Jersey: ESA Letter New Jersey Requirements
To have a legally recognized ESA, it’s pivotal to obtain a New Jersey ESA letter, which is supplied by a licensed mental health professional (LMHP). To get an emotional support animal letter, New Jersey law and federal law requires that a consultation be done by visiting an LMHP in person or by connecting with one over the internet.
A valid ESA letter must meet certain requirements. It must:
- Include the license number of the LMHP along with their full name, contact information, and the state in which their license was issued.
- Be on the LMHP’s official letterhead.
- Contain the date on which the letter was issued.
- Be signed by the LMHP themselves.
An ESA letter will only remain valid for a period of 1 year after being issued. Therefore, you need to remember to renew it after that time to keep it valid in the long term.
Do You Need an ESA Letter in New Jersey?
Yes, you will need to get an ESA letter for your emotional support animal to benefit from laws like the Fair Housing Act in New Jersey. It is also important to renew your letter annually before it expires.
Emotional Support Animal Letter New Jersey Process: Getting a Legally Valid ESA Letter
To get a valid New Jersey ESA letter, you will need to complete the following steps.
- Consult with a LMHP in-person or online.
- Get diagnosed for mental health impacting disability such as depression, an eating disorder, certain phobias, anxiety, PTSD, etc.
- Get an ESA letter written by your LMHP, which includes their official letterhead, signature, the date issued, your name, their recommendation for an ESA, and their credentials.
- Give the letter to the individual or business you are renting from.
Who Can Write an ESA Letter in New Jersey?
If you’re living in New Jersey and want to obtain an emotional support animal or already have one and want to exercise your rights under the law, you will need to ensure you have a valid ESA letter. This will ensure you can claim your legal rights whenever you rent accommodation in the state.
ESA Nevada Registration: ESA Certification in New Jersey
Getting an ESA certification is a common second step for those who have already gotten a legitimate New Jersey ESA letter. A certification does not replace an ESA letter, and it will not add any legal legitimacy to your emotional support animal; though it does have clear benefits, particularly for those in talks with their landlord.
An ESA certificate can give other individuals easy access to information about your emotional support animal. Bear in mind that certificates have no legal standard for what is included on them, so it helps to get one from a business that adds registration numbers, the animal’s picture, basic information, and ideally even an ID card for them, which we provide on every certificate.
Get an ESA Letter in Cities Across New Jersey
If you are in one of the bigger cities throughout New Jersey, you may be curious what options are available to you in Newark, Jersey City, or other larger hubs. Thankfully, we have created articles specifically focused on getting ESA letters in the bigger metropolitan areas throughout the state.
Below, we provide an overview of ESA laws in the most popular cities in New Jersey; to find out more, including how to get a legally valid ESA letter in these cities, click on the linked heading for the city you’re curious about.
ESA Laws in Newark
If you are traveling or living in Newark, you have options for yourself and your emotional support animal. For those looking for a place to stay, there are quite a few throughout the city to choose from, such as the Doubletree by Hilton Hotel or the Hampton Inn. Stop into the NICO Kitchen + Bar for a drink and dinner or enjoy the cuisine at Campino Mercado.
ESA Laws in Jersey City
With a population of just over 300,000, there is plenty to do and see in Jersey City. Like the rest of the cities listed, there are no additional ESA laws, though you can find accommodations and amenities throughout the city. You can spend time at outdoor sites like the Liberty State Park, or cozy up to your assistance animal and enjoy an unforgettable dinner at the Light Horse Tavern.
With another 50 dog-friendly restaurants and a few dozen hotels, there are plenty of options for dining out with your ESA.
ESA Laws in Paterson
Paterson has half the population of Jersey City, but there are still many adventures to be found there with your ESA.That being said, it is much less accommodating than other towns on the list, and those with ESAs may genuinely struggle to find places to go with their ESA unless they plan ahead.
ESA Laws in Elizabeth
Elizabeth has a population of 140,000 and a few pet-friendly places, though there are some limitations to where you can go with your ESA. There are a few restaurants that accept animals, such as Eli’s Pizza Pasta or Dara’s Caterers, and there are just under a dozen hotels that accept pets.
ESA Laws in Lakewood
Lakewood and Elizabeth are almost the same size by population, though Lakewood falls short when it comes to offering businesses, parks, and services that allow for pets. Individuals with ESAs may struggle to find restaurants to eat at, though the Hilton Garden Inn does accept two pets under 100 lbs if their owners agree to a $75 fee.
ESAs vs Psychiatric Service Dogs in New Jersey
A psychiatric service dog, or PSD, is a type of service dog that helps people with mental health conditions. These service dogs are trained to perform tasks that alleviate their handler’s symptoms. An ESA is any animal that provides emotional support for a person with a disability regardless of training.
To put it simply, a dog must perform a disability related task to meet the legal requirements for a psychiatric service dog, while any animal that provides companionship can be an ESA.
How to Get a Psychiatric Service Dog in New Jersey
Psychiatric service dogs need to be well-trained so that they do not damage property or harm someone and open their handler up to financial or criminal liability. Specialized training helps PSDs understand someone’s body language and identify tasks that can help with their handler’s mental health condition.
In New Jersey, psychiatric service dogs are protected under several laws. One law unique to New Jersey is the Law Against Discrimination (LAD), which requires public places to have accommodations for people with service dogs. The LAD also ensures that people have equal opportunities to enjoy these locations.
To get a psychiatric service dog, you will need to be diagnosed with a disability that could benefit from the canine by an LMHP. It recommended that the dog be up-to-date on all vaccinations and can peacefully coexist in any social situation without getting aggressive. If you want to train your dog for psychiatric service, utilize a trusted resource like our online PSD training course.
FAQs About New Jersey Emotional Support Animal Laws
If you have some questions that were not explicitly answered in the above sections or you simply want to know specific things about New Jersey ESA laws, this FAQ can help. We will cover some of the more common queries about emotional support animal laws, with a particular focus on New Jersey.
How Fast Can I Get an ESA Letter in New Jersey?
New Jersey does not have any time limitations on how long you must have a relationship with an LMHP, and residents can get an ESA letter as soon as they sit down for a consultation. They will still need to have the letter written by a LMHP who can practice within New Jersey.
Are Online Consultations for ESA Letters Legal In New Jersey?
Yes! You can choose to get a consultation both online and in-person, so long as it is done by an LMHP who can practice within the state. You will simply need to discuss your mental health with your mental health professional, and they can determine whether an emotional support animal would prove beneficial.
Can a Landlord Deny an ESA Letter in New Jersey?
While your landlord cannot prevent you from having your ESA living alongside you in your accommodation if you have shown a valid ESA letter, there are some circumstances in which your rights can be revoked or the landlord can deny your request.
For example, if you have a very loud and disruptive animal, or one that is aggressive and harms other people on the property, you may be denied the right to have your animal living there.
Can A Landlord Charge a Pet Deposit for an Emotional Support Animal In New Jersey?
No. Landlords are subject to the Fair Housing Act, which states that emotional support animals are not classified as pets when it comes to housing. This means that they are not only able to bypass no-pet policies, but owners can also avoid initial pet deposits and monthly fees that other people may have to pay for.
Can I Bring My ESA to Work in New Jersey?
The FHA does not apply to the workplace, so there is no legal support for you to bring your ESA to work with you. Nevertheless, you may be permitted by your employer to bring an ESA to work with you if you ask nicely. While it can never be guaranteed that an ESA letter will sway your employer to allow you to bring your animal to work, it may help to strengthen your case. Having an ESA letter ready when you approach your employer lends legitimacy to your request.
Are Emotional Support Animals Allowed in Hotels in New Jersey?
No law protects an emotional support animal’s right to stay in a hotel with their owner, and individuals with ESAs will need to adhere to a hotel’s pet guidelines. Those looking to travel through New Jersey should plan ahead of time and look for hotels that offer pet-friendly rooms and ensure their animal does not exceed the weight limit, if one is listed.