The state of New Jersey defines an emotional support animal (ESA) as an animal that helps improve one or more symptoms of a person with a psychiatric disability. ESAs are different from service animals in that they don’t require any specialized training to help their owner.
If you have an ESA or are planning to get one, then it’s important to familiarize yourself with the laws that affect them in New Jersey. In this article, we are going to talk about emotional support animal laws in New Jersey, explain what an ESA is, how you can get one, and what your responsibilities are as an ESA owner.
What Is an Emotional Support Animal in NJ?
An emotional support animal or an ESA is any animal that provides comfort and support to people facing a mental disability. If you suffer from a psychiatric condition, then you are eligible to get an ESA.
ESAs don’t have any special powers. They just make you feel better by providing you lots of love and attention. Dogs are especially great at being ESAs because they’re good at reading our facial expressions and sensing (and responding to) our emotions.
When they notice you’re feeling down, they try to cheer you up. That’s essentially what every ESA does. When you’re going through moments of anxiety or having a panic attack, an ESA will provide emotional support and a sense of security.
Does this mean only dogs can be effective ESAs? No, any animal can be a good ESA as long as their presence has a positive impact on your mental state. Cats, ferrets, hamsters, and even snakes can all be great emotional support animals.
What Do I Need to Register My Pet as an ESA in New Jersey?
For your pet to be designated as an ESA, you need an “ESA letter.” This letter is issued by a licensed mental health practitioner in New Jersey, but only after they have examined your mental condition and your relationship with your pet. If they feel that your symptoms could be improved by having your pet by your side, then they’ll give you the ESA letter.
The letter will include details about your pet and why they are an essential part of your treatment. It’ll also state that you have been diagnosed with a mental health condition (not always going into specifics because you may have to show the letter to someone in the future).
Without an ESA letter, your pet isn’t legally considered an ESA, which is why it’s essential that you get it as soon as possible. The licensed mental health professional who gives you the letter has to be based in New Jersey.
Once you’ve found a licensed mental health professional and booked an appointment with them, all you have to do is tell them about your condition and how your pet helps you cope with it. Don’t try to lie to them in order to get an ESA letter. Just be open and honest about your symptoms and the role your pet plays in supporting your emotional well-being.
You’ll receive your ESA letter in two to three days. Its cost depends on the mental health professional who diagnoses you. Some may give it to you for free, but generally, it can cost anywhere between $50 to $200.
Do I Need to Train My ESA?
ESAs don’t need to be trained, as they are only there to lift your spirits by providing comfort through companionship. Service animals, on the other hand, must be trained to perform a specific task for an individual with a disability. For service animals, being trained is a legal requirement. For ESAs, the only legal requirement is an ESA letter.
While your pet doesn’t need to be trained to qualify as an ESA, it’s still a good idea to teach them some basic obedience skills. This not only ensures your ESA remains on their best behavior but also improves the bond between you two.
If you have a service animal, you don’t necessarily have to get them trained by a professional trainer. You can also train your dog to become a service animal at home for free. You’ll find countless training resources online.
Should I Get an ID Card for My ESA?
You can if you want to, but it’s not a legal requirement. An ID card for your ESA is more of a personal choice and won’t affect your rights as an ESA owner.
There are many online registries that give you an ID card and a certificate upon registering. Neither of these things has any legal significance. Some online registries have on-staff attorneys to help you in case you get into any legal trouble. For example, if you have a valid ESA letter, but a landlord refuses your request for reasonable accommodation, the company you’ve registered with will offer assistance to resolve the issue.
These registries will also help you get an ESA letter by getting you in touch with a licensed mental health professional. Before you sign up with a registry, it’s important to do thorough research. Make sure you read reviews from other users.
What Laws Affect My ESA in New Jersey?
There are two laws that address the rights of ESAs in New Jersey. Let’s take a look at both of them in detail:
1. Fair Housing Act (FHA)
The Fair Housing Act affects both service animals and ESAs. The law prevents landlords from discriminating against people when they are buying or renting a house. Owing to this law, your ESA or service animal can live with you in your house or apartment, even if it has a no-pet policy.
You have to request reasonable accommodation from the landlord, and they have a legal obligation to approve it. You may be asked to show your ESA letter in case your disability isn’t readily noticeable.
University housing is also covered by the Fair Housing Act to ensure that students aren’t discriminated against based on things like their race, gender, ethnicity, and disabilities. This means that your ESA can live with you in university dorm rooms.
According to the NJ Office of Attorney General, the “housing provider must conduct an individualized assessment of your request and may deny your request if allowing an ESA would create an undue burden on its operations.” This could be your ESA being too large for their property or causing health risks to other tenants.
The landlord can’t ask you to pay a pet fee or an extra security deposit for accommodating your ESA. They can’t charge you a cleaning fee, either. However, you will have to pay for any damages caused to the property by your ESA, which is why it’s so important to train them, even if it’s not legally required.
2. Air Carrier Access Act (ACAA)
Before it was amended in 2020, the Air Carrier Access Act made it possible for people struggling with mental health issues to travel with their emotional support animals. Unfortunately, the law only applies to service animals now.
Whether your pet can fly in the cabin depends on the airline you’re flying with. They are not legally obligated to accommodate your ESA since.
Different airlines have different policies when it comes to ESAs. It’s best to call the airline you want to fly with to see if they will allow your emotional support animal in the cabin. Some may charge an extra fee, while others may not permit them at all.
In case you have a service animal, then airlines can’t charge you for bringing your service animal to fly in the cabin.
Are ESAs Allowed in Restaurants in New Jersey?
Unfortunately, emotional support animals don’t have as much freedom when it comes to public access as service animals. The Americans with Disabilities Act (ADA) is a federal law that gives people with disabilities the right to be accompanied by their service animals in public places such as cafes and restaurants.
Service animals have the right to go wherever people are allowed to go. According to the ADA, an “individual with a service animal may not be segregated from others.”
The ADA also gives people the right to take their service animals with them to their workplaces, even if they have a no-pet policy. None of these rules apply to emotional support animals, unfortunately.
You can’t take your ESA to any restaurant or your workplace. Some restaurants may allow them, but it’s best to call them beforehand and ask them about their policy regarding ESAs.
What’s the Difference Between Service Animals and ESAs in NJ?
The main difference between service animals and ESAs is that the former need to be trained to help people with disabilities. They don’t need a letter or any other sort of identification. In most cases, it’s visibly apparent that a service dog is trained to perform a specific task. When it’s not, service animal handlers may be asked about the tasks their pet is capable of performing.
A service animal isn’t always a dog. They can also be a miniature horse. Remember that it’s perfectly legal to train your service animal yourself instead of spending money on a professional trainer.
ESAs don’t need any training. Legally speaking, they only require an ESA letter, which you can get from a licensed mental health professional.
Service animals have much more freedom than ESAs. You can take them wherever you are legally allowed to enter in New Jersey. ESAs have certain restrictions which prevent them from entering public places like restaurants and cafes.
You can’t take your ESA with you on a plane. If an airline allows it, you may have to pay a fee for it. Airlines can’t refuse a service animal to accompany you in the cabin.
To find out if a place is okay with ESAs, it’s a good idea to give them a call so you can ask them about their rules.
Responsibilities of ESA Owners in NJ
Once your ESA letter is approved and your ESA is allowed to live with you in your house or apartment, you have to be mindful of other people around you and make sure your emotional support animal doesn’t disturb or bother them.
If the landlord discovers that your ESA letter is not valid, you will be fined, and you may have to find a different accommodation. Misrepresenting your dog as an ESA is illegal and can get you into trouble.
In university housing, there may be areas where animals are not allowed. If your request for reasonable accommodation is approved and your ESA is allowed to live with you, it does not automatically grant you the right to take them everywhere. Contact your university to find out where ESAs are not allowed to avoid any potential issues. You may also not be allowed to take your ESA to other students’ rooms.
FAQs About ESA Laws in New Jersey
Can My ESA Letter be Rejected?
Yes, a landlord can reject your ESA letter if you didn’t get it from a licensed mental health professional. It could also be rejected if the landlord has reasonable doubt that your ESA is a threat to other tenants. It is very rare for an ESA letter to be rejected, though. If your ESA is well-trained, listens to you, and doesn’t display aggressive behavior, then it’s very unlikely for your letter to be rejected.
Can I Take My ESA to My Workplace?
No, ESAs are usually not allowed at workplaces. The Americans with Disabilities Act (ADA) allows service animals to go wherever they want with their owners, including workplaces, but there is no law that gives ESAs the same freedom. You could, however, talk to your employer and see if they would allow it. Also, an employer can deny a service animal if their presence causes health or safety risks at the workplace.
Do I Need an ID Card for My ESA?
No, you don’t need an ID card or a certificate for your ESA. All you need is an ESA letter written by a licensed mental health professional in New Jersey. You can get an ID card once you have an ESA letter, but it’s not a legal requirement.
Understanding Emotional Support Animal Laws in New Jersey
Emotional support animals may not enjoy as much freedom as service animals, but there are laws in place that grant certain rights to them, especially in housing situations. The Fair Housing Act ensures that ESA owners who suffer from mental health challenges are protected from discrimination when they’re buying or renting a house.
You have to get an ESA letter first from a licensed mental health professional in New Jersey. Once you’ve obtained it, you can present it to your landlord to request reasonable accommodation for your ESA.
As long as your ESA letter is legit and your emotional support animal doesn’t pose a threat to anyone around you, they should be able to live with you without any problems. Unfortunately, you can’t take your ESA to restaurants and other places of business (unless they allow ESAs).
Just keep in mind that even though an ESA doesn’t require training, you should still teach it some skills to ensure that it always behaves appropriately around other people and animals.