{"id":3094,"date":"2021-09-14T00:55:28","date_gmt":"2021-09-14T05:55:28","guid":{"rendered":"https:\/\/usserviceanimals.org\/blog\/?p=3094"},"modified":"2025-05-01T23:32:32","modified_gmt":"2025-05-02T04:32:32","slug":"service-animal-laws-in-new-jersey","status":"publish","type":"post","link":"https:\/\/usserviceanimals.org\/blog\/service-animal-laws-in-new-jersey\/","title":{"rendered":"Service Animal Laws in New Jersey"},"content":{"rendered":"

Man\u2019s best friend, along with many other furry companions, are capable of some pretty incredible things. Besides offering us comfort and bringing us joy, they can also be trained to help disabled people perform daily tasks and navigate daily life a little more easily. These specially-trained, four-legged friends of ours are called service animals, and they\u2019re usually allowed in most public places without issue.<\/span><\/p>\n

The Garden State is no exception; between federal and state laws, disabled New Jersey residents can enjoy the freedom of having their service animal accompany them at home, in public, and even at work. However, those considering getting a service animal should know a little bit about the specifics of these federal and state laws, as they\u2019ll better understand where and when they can exercise their protected rights.<\/span><\/p>\n

To start, let\u2019s talk about the similarities and differences between federal and New Jersey State definitions of service animals.<\/span><\/p>\n

How New Jersey Defines Service Animals<\/b><\/h2>\n

Federal and New Jersey State definitions of service animals overlap pretty heavily. For starters, the<\/span> American Disabilities Act (ADA)<\/span><\/a> defines a service animal as \u201cA dog that is individually trained to perform tasks or do work for the benefit of a person with a disability.\u201d Following this, a service dog must be trained to do work or perform tasks and duties that are specific to their owner\u2019s disability.<\/span><\/p>\n

Under the ADA\u2019s definition, service animals can include guide dogs for the blind, hearing dogs for the deaf and hearing-impaired, allergen detection dogs, alert dogs that can notify their owner of an oncoming seizure or anxiety attack, and mobility dogs that push wheelchairs and can perform rescue work.<\/span><\/p>\n

In special circumstances, miniature horses may also qualify under the ADA\u2019s definition of a service animal. However, public accommodations and facilities are not automatically required to accommodate them because of the miniature horse\u2019s weight, size, and its owner\u2019s ability to keep it under control in public. Therefore, the permittance of service miniature horses onto public premises are case-by-case situations, and ultimately at the discretion of the public accommodation or facility in question.<\/span><\/p>\n

The<\/span> New Jersey definition<\/span><\/a>, on the other hand, defines service animals as \u201cAny dog individually trained to the requirements of a person with a disability.\u201d As you can see, this definition is a bit blurrier than the ADA\u2019s. It encompasses service dogs for physical, mental, intellectual, developmental, and psychological disabilities, making it much more inclusive than other states. However, this definition excludes emotional support animals, which is typically the case in many other states as well.<\/span><\/p>\n

Emotional support animals share some key similarities with service animals. For starters, they can help alleviate emotional distress by offering support or comfort to those suffering from mental, emotional, or psychological impairments. Unlike service animals, though, they do not receive any special training to perform these tasks or duties, which is why they\u2019re often not protected under most state’s service animal laws.<\/span><\/p>\n

Let\u2019s explore the specifics of service animal laws in the context of housing, employment, and public accommodations.<\/span><\/p>\n

Service Animal Housing Laws in New Jersey<\/b><\/h2>\n

New Jersey\u2019s<\/span> Law Against Discrimination (LAD)<\/span><\/a> protects disabled people from discrimination on the basis of their disability when buying, selling, renting, leasing, or subletting a property; this also includes disabled owners of service dogs. To illustrate a practical application of these protections, landlords and other housing facilities cannot charge disabled owners of service dogs standard animal housing fees, instead waiving them so that the tenant can have an equal opportunity to use and enjoy the home.<\/span><\/p>\n

However, disabled tenants with service dogs should note that they will likely be held liable in the event of their service dog damaging the property or hurting someone else on the premises. In these cases, federal and state protections will not apply.<\/span><\/p>\n

On the federal level, the<\/span> Fair Housing Act (FHA)<\/span><\/a> offers these same protections to disabled people. However, one key difference here is that FHA protections extend to emotional support animals as well, meaning landlords cannot charge those with emotional support animals the standard animal housing fee.\u00a0<\/span><\/p>\n

Service Animal Employment Laws in New Jersey<\/b><\/h2>\n

The ADA also outlines<\/span> rules for employers with disabled employees<\/span><\/a> that require their service dog on the job with them. These federal employment provisions state that covered employers must make \u201creasonable accommodations\u201d for their disabled employees, and oftentimes these reasonable accommodations translate to disabled employees bringing their service dogs to work with them.<\/span><\/p>\n

However, an employer may refuse to let their disabled employee bring their service dog with them if it places \u201cundue hardship\u201d on business operations. An example is a disabled employee\u2019s request to bring their service dog to work that may be denied if the animal places a significant financial strain on the business, or if it consistently disrupts most of the other employees and\/or patrons.<\/span><\/p>\n

What\u2019s more, disabled employees can\u2019t just show up to work with their service dog without first filing a request with their employer. This request can be submitted either orally or in written form, although the latter is highly recommended for records purposes.<\/span><\/p>\n

In addition to the oral or written request, disabled employees may be requested to furnish official documents verifying their disability. While they are not required to provide documentation outlining the specific tasks and duties the service dog can perform, they can provide medical documents confirming their disability.\u00a0<\/span><\/p>\n

Employers will also need to allow their disabled employees with service dogs on the job enough flexibility to care for the animal throughout the day, whether it\u2019s taking the time to feed it or to let it out to relieve itself.<\/span><\/p>\n

Public Accommodations Laws in New Jersey<\/b><\/h2>\n

Both the ADA and LAD define public accommodations pretty broadly. Whereas the LAD\u2019s definition also extends to places like pool halls, meeting halls, amusement parks, and arenas, the ADA\u2019s definition includes places such as:<\/span><\/p>\n