Not all pets are created equal, according to the New Jersey Supreme Court. The state’s highest court recently held that housing providers, like condominiums, can’t rely on pet prohibitions to automatically deny residents’ accommodation requests for emotional support animals.
Writing for the Court, Chief Justice Stuart Rabner said that emotional support animals “are different from pets and are not subject to general pet policies.” Rabner specifically noted that emotional support animals “can help people who struggle with mental health issues and other disabilities and can enable them to function better in their everyday lives.”
Lawsuit Over ESA Named Luna
The dispute in Players Place II Condominium Association, Inc. v. K.P. arose when a New Jersey man, identified by the Court as K.P., sought to have an emotional support animal live in his condominium unit to support his wife who suffered from several mental health conditions. Players Place II Condominium Association limits pets “to the small domestic variety weighing thirty (30) pounds or less at maturity.”
After the couple adopted an ESA named Luna who weighed 63 pounds, the Association filed a complaint asserting K.P. had violated the Association’s rules because he had a dog that weighed more than 30 pounds and had failed to register the animal. In response, K.P. filed a counterclaim against the Association for violating anti-discrimination laws, including the New Jersey Law Against Discrimination (LAD).
NJ Supreme Court Establishes Framework for ESA Accommodations
The New Jersey Supreme Court held that a resident of a condominium complex is entitled to request an accommodation to a pet policy in order to keep an emotional support animal. It also established a new framework to evaluate such requests. Individuals who seek an accommodation must show that they have a disability under the LAD and demonstrate that the requested accommodation may be necessary to afford them an “equal opportunity to use and enjoy a dwelling.” Housing providers then have the burden to prove the requested accommodation is unreasonable.
“Housing providers can ask individuals to provide information that confirms they have a disability and need a support animal, such as a determination from a government agency or a letter from a health care professional,” Chief Justice Rabner explained. “But medical records or a medical examination cannot be required.”
Few Legal Protections for Emotional Support Animals
While New Jersey sided with emotional support animals in its landmark decision, other states have not been so supportive. Tennessee recently enacted a law banning emotional support animals from restaurant dining rooms. In most states, emotional support animals are a grey area, with few concrete legal protections.
The debate over emotional support animals is also part of a larger evolving area of animal law. While pets were once solely considered “property,” the law is shifting to recognize the larger role animals play in our lives. In addition to the creation of stronger animal welfare regulations, other laws are increasingly focusing on the interests of the animals themselves. For instance, several states have adopted the “best interest” standard in pet custody disputes, which treats animals more akin to children than a couch or a TV.
While most agree that pets are far more than property, the far more difficult questions are what animals should have rights and what protections they should be afforded. If dogs like Luna aren’t people and they aren’t property, what are they and how should they be treated?