The right to an emotional support dog: Hackensack woman fights for her service animals
When Rania Zohny, a makeup artist and hairstylist, found a condo she liked at the Ritz Plaza in Hackensack, she had no idea that she would also be taking on a fight with the condo’s management. She won't give up her emotional support dogs, not even under the threat of $250 a day in fines.
Parker and Willie are the dachshund and dachshund-shih tzu mix who have been there for Zohny through a separation, her father's terminal illness and the pandemic. But now Zohny says Edgewater-based United Management Partners LLC, which manages the nine-story condo on Prospect Avenue, is harassing her, looking to levy fees and fines if she doesn't comply with its process, a process the condo board says is necessary if she wants to continue to live there with her dogs.
“It has come to our attention that you have recently moved into the Ritz Plaza ... with two dogs. The Ritz Plaza Condo is a strictly no pet building. I have included a copy of the NJMLS listing [for the apartment], which clearly states the same,” United Management wrote in a July 28 letter to Zohny. “The dogs need to be removed asap or you will be subject to fines of $250 per day and any legal fees that may be assessed if the dogs are not removed from the property.”
In subsequent emails, United Management appeared to soften its stance. The company acknowledged that Zohny could live in the building with an emotional support dog — but continued to ask for paperwork that appears to go beyond what state law requires.
No fines had been filed as of Aug. 16, United Management's Nikki Luppino told NorthJersey.com in a phone interview. But after a reporter contacted the property managers, they also told Zohny that the matter would be forwarded to an attorney.
NJ law protects emotional support animals
Zohny wrote to The Record and NorthJersey.com after reading a story last month about state Attorney General Matthew Platkin pursuing cases against three landlords who had allegedly denied tenants' requests to live with emotional support animals.
They included a North Jersey housing provider that required extensive documentation to prove a woman's dog was a service animal, a move that violates the state's anti-discrimination law, according to Platkin.
There's a lot of confusion when it comes to a person's legal right to live with an emotional support animal, or ESA. It's one of the most common problems the advocacy group Disability Rights New Jersey sees, said Senior Policy Director Mary Ciccone.
The state Attorney General's Office accused landlords in Bergen, Morris and Union counties of violating tenants' rights when they denied their requests to live with emotional support animals.
The Division on Civil Rights found "probable cause" in these cases, indicating evidence supporting discrimination.
One leasing agent required a tenant to have her health care provider fill out a form called an “assistance animal verification form,” the Division on Civil Rights said, adding that housing providers are generally prohibited from requiring special forms.
In another case, a housing provider ignored a tenant’s medically documented need for emotional support animals, imposed a fine and tried to have the tenant evicted for violating its no-pets policy. No-pets policies don’t apply to emotional support animals, the division said.
Debate with condo
Zohny's troubles began when she moved into the Ritz Plaza on July 27 and found herself at odds with the condominium's "no pets" policy. She said she had not read the policy because in her mind it had no bearing on her, she said.
“I honestly didn't bring it up and I hadn't noticed it said ‘no pets’ on the listing. I wasn’t too worried about it considering that they're emotional support dogs and I knew that legally it shouldn't really be an issue,” Zohny said.
ESAs are an exception from no-pet policies, according to the Division on Civil Rights. The division pursued a Union County housing provider after it ignored a tenant’s medically documented need for emotional support animals, imposed a fine and tried to have the tenant evicted for violating its no-pets policy. While landlords can require a doctor's note, they are prohibited from requiring tenants to fill out special forms to keep their animals, authorities say.
Zohny's condo board wants her to fill out a number of forms, including one that she says asks for too much personal information about her disability and its treatment from her physician, in order to get the board's approval.
However, a person's right to live with an ESA is protected under the Fair Housing Act, and there's just one document required to ensure that right: a note from medical or mental health professional that outlines the tenant's need.
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“Typically a doctor's note is necessary to establish the need for emotional support animals. The note should confirm that the person has a disability and that the animals provide emotional support to help them live and enjoy their home,” Ciccone said.
Documents for ESAs
Zohny submitted documentation following these guidelines to United Management on July 29. Stipulating that she wasn't offering legal advice and was only offering a general observation, Ciccone said the type of documents Zohny provided "should have been enough to engage in the interactive process."
Satisfying United Management's requirements has been a moving target, Zohny said. The first threat of removal of the dogs was followed by repeated emails demanding more paperwork than should have been required before approval would be granted.
"I have attached all required documents that the building requires for esa's, and as I said, this paperwork needs to be filled out in full, returned to me, and then approved by the board before any animals are allowed to be moved into the building," wrote Luppino in an email to Zohny on July 31.
"I told her she would not be charged any fees and did not have to fill out paperwork she was not comfortable with," Luppino said.
But when asked if Zohny would be allowed to keep her dogs and live in her condo without further threats of fines based on the paperwork Zohny has submitted, Luppino said it "would be up to the board." The forms the condo board asked Zohny to complete have been in use "as long as I’ve been working with the company."
As of Aug. 17, Luppino stopped interacting with Zohny when it comes to the dogs and advised her that "this situation has now been turned over to the building attorney." Luppino also declined to answer further questions from NorthJersey.com.
"I suffer from anxiety and depression, and they are putting all this pressure on me ever since I moved in," Zohny- said. "I feel constantly anxious that there's some BS that's about to surface or I'm going to find another letter in my mailbox. I just want to be at ease and settle into my place."
Gene Myers covers disability and mental health for NorthJersey.com and the USA TODAY Network. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.
Email: myers@northjersey.com
Twitter: @myersgene
This article originally appeared on NorthJersey.com: Hackensack landlords threaten woman over emotional support dogs
