Can landlords bar emotional support animals? Not in NJ, attorney general says
Landlords in Bergen, Morris and Union counties violated the rights of tenants to live with emotional support animals, the state Attorney General's Office alleged Tuesday, in an announcement saying it would move ahead with five discrimination cases.
The attorney general's Division on Civil Rights said it also had made a "finding of probable cause" against a mental health provider who failed to supply a sign-language interpreter for a client, delaying her care for about six months, and another in the case of a Camden County man who was fired after requesting a shift change to attend physical therapy.
The state also announced resolutions of 11 prior disability discrimination claims, leading to payments of more than $153,000 to those who had filed complaints.
“In New Jersey, we will not tolerate discrimination of any kind — including discrimination on the basis of disability. Everyone, regardless of their ability, has the right to work, live, and have equal access to places of public accommodation,” said Attorney General Matthew Platkin. “The enforcement actions announced today are a testament to our ongoing commitment to fighting disability discrimination in all its forms.”
The statement didn't provide the names of those accused or fined or say when the discrimination allegedly occurred. Tara L. Oliver, a spokesperson for the Attorney General's Office, said a request for more detailed information could not be processed in time for publication.
The cases involved violations of the state Law Against Discrimination, which requires reasonable accommodations for people with disabilities.
Emotional support animals denied
Three of the cases included findings of probable cause against housing providers who denied tenants' and prospective tenants’ requests to live with emotional support animals.
One case involved a Bergen County-based condo association that delayed a person’s move-in date because of her request to live with a service animal. The housing provider required extensive documentation to prove her dog was a service animal even after she “presented sufficient evidence,” the announcement said.
Another involved a Morris County tenant whose move-in date was delayed when the leasing agent refused to accept medical documentation that should have allowed her to move in with her emotional support animal.
“The leasing agent required that she 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 the third housing case, a Union County 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.
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Investigation will continue
According to the statement, the findings of probable cause "do not represent final adjudication of the cases" but rather mean the division "has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion" that the law has been violated.
“The enforcement actions we are announcing today reflect an unfortunate reality: Disability discrimination remains a pervasive problem in our workplaces and our communities,” said Sundeep Iyer, director of the Division on Civil Rights. “The Law Against Discrimination provides powerful protections against disability discrimination, and we remain firmly committed to enforcing them and holding violators of our laws accountable.”
How to report discrimination claims
Anyone who believes they have been the victim of disability discrimination can file a complaint with the division online at bias.njcivilrights.gov or by calling 833-653-2748.
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: Support animals in NJ cannot be blocked by landlords, state says
