New Jersey · NJ
Yes. New Jersey has no ESA statute and no waiting period. The Division on Civil Rights' rule bars refusing a reasonable accommodation (N.J.A.C. 13:13-3.4(f)(2)), and in 2024 the state Supreme Court said training "is not a relevant consideration". For an ESA letter NJ landlords can verify, a clinician licensed in New Jersey evaluates you by live video. If you qualify, the signed PDF usually arrives within 24 to 48 hours. The price is $99.
to file with the Division on Civil Rights, half the time HUD allows
N.J.S.A. 10:5-18to sue in Superior Court instead, with a jury if either side asks
N.J.S.A. 10:5-13; Rodriguez v. Raymours (N.J. 2016)is the largest owner-occupied house the state exempts; three- and four-family houses are covered
N.J.S.A. 10:5-5(n)for the landlord to return your deposit, with interest and an itemised list of charges
N.J.S.A. 46:8-21.1New Jersey, with the capital marked
New Jersey at a glance
Each answer is one line, with the section of New Jersey law it comes from. The detail is further down the page.
Not a statute. The Law Against Discrimination (LAD) defines only trained service dogs and guide dogs (N.J.S.A. 10:5-5(s), (dd)). The right rests instead on its housing ban (N.J.S.A. 10:5-12(g)). It also rests on the Division on Civil Rights' rule against refusing reasonable accommodations in "rules, policies, practices or services" (N.J.A.C. 13:13-3.4(f)(2)). On 13 March 2024 a unanimous state Supreme Court applied that rule to an emotional support animal in Players Place II v. K.P. Whether the animal has been trained, it said, "is not a relevant consideration".
N.J.A.C. 13:13-3.4(f)(2); Players Place II v. K.P. (N.J. 2024)No. No statute, rule, court decision or DCR document sets a relationship length, a session count, an in-person visit or an expiry date. The Telemedicine Act even bars licensing boards from demanding a first in-person visit (N.J.S.A. 45:1-62(i)(2)). What the state has instead is a quality bar. DCR says a landlord may ask for reliable documentation from your "treating health care professional". It warns that internet paperwork not from a treating professional generally will not be reliable enough (DCR ESA fact sheet).
N.J.S.A. 45:1-62(i)(2); DCR ESA fact sheetYes, if you are in the state during the video visit. A telehealth provider must be licensed "to provide such services in the State of New Jersey" (N.J.S.A. 45:1-62(b)). The social-work board says the same for a clinician based elsewhere (N.J.A.C. 13:44G-15.1). PSYPACT is the one shortcut live today: a psychologist holding its telepsychology authority may see clients here. Who may write is broad. The Supreme Court spoke of "a letter from a health care professional" and said no mental health professional has to prescribe the animal.
N.J.S.A. 45:1-62(b); N.J.A.C. 13:44G-15.1The Division on Civil Rights says no. Its rule bars making people with disabilities pay "extra compensation or additional security deposits" for disability-related needs (N.J.A.C. 13:13-3.4(e)). Its fact sheet adds that a landlord cannot require a pet deposit, a pet fee or extra renter's insurance for an ESA. This is DCR's rule and guidance, not a statute. The statutory no-charge clause protects service and guide dogs only (N.J.S.A. 10:5-29.2). Actual damage the animal causes is still yours to pay.
N.J.A.C. 13:13-3.4(e); DCR ESA fact sheetRarely. The state exempts only two set-ups. One is a flat in a two-family house whose other unit the owner lives in. The other is a room in a one-family home the owner or occupant lives in (N.J.S.A. 10:5-5(n)). Neither exemption applies if the housing is publicly assisted. An owner living in a three- or four-family house is covered, even though federal law could exempt that building.
N.J.S.A. 10:5-5(n)Yes. Players Place II was itself a condominium case. The Court's syllabus puts the holding plainly: a resident "is entitled to request an accommodation to a pet policy in order to keep an emotional support animal." The association there had a 30-pound weight limit, and the dog weighed 63 pounds. The resident did not have to show a special need for the heavier dog. DCR's guidance for condos, co-ops and homeowners' associations also calls an extra fee for an emotional support animal unlawful.
Players Place II v. K.P. (N.J. 2024); DCR condominium guidance180 days to file with the Division on Civil Rights, counted from the discriminatory act (N.J.S.A. 10:5-18). Filing is free, online through NJBIAS or by phone. You may skip the agency and sue in Superior Court within two years (Rodriguez v. Raymours, N.J. 2016). Either side can then ask for a jury (N.J.S.A. 10:5-13). A pending court case bars a parallel DCR complaint (N.J.S.A. 10:5-13).
N.J.S.A. 10:5-18; N.J.S.A. 10:5-13New Jersey law
No New Jersey statute is written for emotional support animals. The Law Against Discrimination (LAD) names only trained service and guide dogs (N.J.S.A. 10:5-5(s), (dd)). Your right comes from three state layers that owe nothing to HUD. First, the LAD bars disability discrimination in renting (N.J.S.A. 10:5-12(g)). Second, the Division on Civil Rights' rule makes it unlawful to refuse reasonable accommodations in "rules, policies, practices or services" (N.J.A.C. 13:13-3.4(f)(2)). Third, the state Supreme Court applied that rule to an ESA in Players Place II v. K.P. (N.J. 2024), a condominium dispute. Your part is to show a disability and that the animal will "alleviate at least one symptom". The housing provider "then has the burden to prove the requested accommodation is unreasonable". Training "is not a relevant consideration". Disability is read more broadly than in federal law, with no substantial-limitation test (N.J.S.A. 10:5-5(q)). When your need is not obvious, a landlord may ask for reliable documentation from your treating health care professional. It may not demand medical records, its own form or proof of training. File with the Division within 180 days (N.J.S.A. 10:5-18), or sue in Superior Court within two years.
Source: N.J.S.A. 10:5-12(g) and N.J.A.C. 13:13-3.4(f)(2) (Law Against Discrimination; DCR housing rule, last amended 2012), applied in Players Place II v. K.P. (N.J. 2024). This is general information, not legal advice.
The federal Fair Housing Act still recognises the accommodation, and you can still enforce it in court. Since May 2026, HUD itself has stopped pursuing complaints about untrained emotional support animals, so in practice your protection comes from New Jersey law and the New Jersey Division on Civil Rights.
“may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling”
Federal vs New Jersey
| Topic | Federal (Fair Housing Act) | New Jersey |
|---|---|---|
| Fees and deposits | Neither 42 U.S.C. § 3604(f)(3)(B) nor 24 C.F.R. § 100.204 mentions fees. HUD withdrew its no-fee guidance with effect from 17 September 2025, so any waiver has to be asked for. | DCR's rule bars extra charges or added deposits tied to a disability (N.J.A.C. 13:13-3.4(e)). Its guidance names pet fees, pet deposits and extra renter's insurance for an ESA. That is an agency rule and guidance, not a statute. Damage stays chargeable, and every deposit sits under a cap of one and a half months' rent (N.J.S.A. 46:8-21.2). |
| Documentation | The accommodation must be necessary because of a disability (42 U.S.C. § 3604(f)(3)(B)). Federal law prescribes no letter. | Only where the disability or the need is not obvious or already known. DCR asks for reliable documentation from a treating health care professional (DCR ESA fact sheet). Medical records, a special form and a written request may not be required (Players Place II; DCR ESA fact sheet). |
| Timing | Federal law sets no waiting period and no deadline for the landlord's answer. | No waiting period and no response deadline either. Both sides should hold a good-faith, interactive dialogue (Players Place II). DCR found probable cause against a complex that never answered a tenant's emails (AG/DCR release, 16 Jul 2024). |
| Who may write | No federal rule names the writer. | A health care professional; the LAD does not require a mental health professional (Players Place II). For a video visit while you are in the state, a New Jersey licence is required (N.J.S.A. 45:1-62(b); N.J.A.C. 13:44G-15.1). Psychologists with PSYPACT authority are the exception. |
| Exemptions | An owner-occupied building of up to four units, and some single-family homes rented by an owner of three or fewer (42 U.S.C. § 3603(b)). | Far narrower: a flat in an owner-occupied two-family house, or rooms in a one-family home the owner or occupant lives in. Publicly assisted housing is never exempt (N.J.S.A. 10:5-5(n)). |
| Where to file | HUD, which since May 2026 finds cause only for trained animals, or a federal court. | The Division on Civil Rights, HUD's Fair Housing Assistance Program partner for the state, online or by phone. Or Superior Court, with no need to file with DCR first (N.J.S.A. 10:5-13). No city or county agency takes these cases. |
| Deadline | One year to HUD (42 U.S.C. § 3610); two years to a federal court (42 U.S.C. § 3613(a)(1)(A)). | 180 days to DCR (N.J.S.A. 10:5-18). Two years to Superior Court, the LAD limit the state Supreme Court restated in 2016 (Rodriguez v. Raymours, citing Montells v. Haynes, 1993). |
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Your timeline in New Jersey
No New Jersey rule sets a waiting period, a session count or an in-person visit (N.J.S.A. 45:1-62(i)(2)). What sets the pace is a genuine evaluation. DCR treats internet paperwork that does not come from a treating professional as generally unreliable, so your letter follows a live video session, never a form. The screening is free with no card; you pay at checkout before the consultation.
Start with the free screening; no card is asked for. It covers your home, your animal and how it helps you. It also confirms you will be in New Jersey for the visit, because that decides which licence the clinician needs (N.J.S.A. 45:1-62(b)). The screening decides nothing about a letter.
Pay at checkout, then meet a clinician licensed in New Jersey on a live video call. The clinician confirms your name, date of birth, phone number and address, and shares their own licence details (N.J.S.A. 45:1-63). The social-work board's rule calls for real-time video (N.J.A.C. 13:44G-15.5(c)). The clinician then decides whether you have a disability and whether the animal eases at least one symptom. Some people do not qualify, and the evaluation can end with no letter.
If you qualify, the signed PDF usually arrives within 24 to 48 hours of the consultation. It sits on the clinician's own letterhead, with their New Jersey licence number and the evaluation date, so a landlord can check it. It names no diagnosis. If you do not qualify, ask for a full refund within 7 days.
Housing
Under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)) and New Jersey's own fair-housing law, a housing provider must consider a reasonable-accommodation request for an assistance animal, including where pets are prohibited. Each line below carries the section it comes from.
What they may do
What they may not do
Illustrative exchange
Most refusals are not a flat no. They are a question the housing provider is not allowed to ask, or a fee they are not allowed to charge. Here is the shape of a typical exchange in New Jersey, with the rule beside each reply.
A made-up exchange to show the rules, not a real tenant or landlord.
Pet fees and deposits
No New Jersey statute bans a pet fee or pet deposit for an emotional support animal. The statutory no-charge clause, N.J.S.A. 10:5-29.2, protects tenants with service or guide dogs only. The ESA position comes from the Division on Civil Rights. Its housing rule says people with disabilities "shall not be required to pay extra compensation or additional security deposits" for disability-related needs (N.J.A.C. 13:13-3.4(e)). Its ESA fact sheet says a landlord cannot require a pet deposit, a pet fee or extra renter's insurance in exchange for allowing the animal. Its guidance for condos and co-ops calls an extra fee to keep an emotional support animal unlawful. In July 2024 DCR found probable cause against a Berlin complex whose pet deposit for assistance animals amounted to "an additional charge to receive an accommodation" (AG/DCR release, 16 Jul 2024). That was a finding, not a final ruling, and no court has decided an ESA fee case. So name DCR's rule when you ask for the waiver, and expect to pay for actual damage. The general deposit rules apply to every tenant. All deposits together, a pet deposit included, may not exceed one and a half months' rent (N.J.S.A. 46:8-21.2; DCA Truth in Renting). Any yearly top-up is limited to 10 percent of the current deposit (N.J.S.A. 46:8-21.2). Within 30 days of the lease ending, the deposit comes back with interest, less charges listed item by item (N.J.S.A. 46:8-21.1). If a court finds money wrongfully kept, it "shall award" double that amount (N.J.S.A. 46:8-21.1).
Small landlords
The state exemption is much narrower than the federal one. Except for publicly assisted housing, the LAD does not reach two kinds of rental (N.J.S.A. 10:5-5(n)). The first is a single flat in a two-family house whose other unit the owner lives in. The second is a room or rooms in a one-family home the owner or occupant lives in. Nothing exempts an owner-occupied three- or four-family house. Nothing exempts an owner of a few single-family houses either. Many rentals that federal law leaves out are therefore covered here. Condominium and co-operative associations count as housing providers; Players Place II was a condo case. Read any "four or fewer units" claim as federal law, not the LAD.
If your landlord says no
Phone: 1-833-NJDCR4U (833-653-2748) (Relay 711 · Newark office 973-648-2700 (DCR ESA fact sheet)) · File a complaint
Deadline: 180 days from the discriminatory act (N.J.S.A. 10:5-18). File online through the NJBIAS portal or by phone. Your claim becomes a verified written complaint that you sign (N.J.S.A. 10:5-13). There is no fee, and DCR offers free, confidential interpretation. Translated intake questionnaires are available by email request.
Court: You may go straight to Superior Court within two years instead (Rodriguez v. Raymours, N.J. 2016). Either side can ask for a jury, and every remedy available in a common-law tort action is open, punitive damages included (N.J.S.A. 10:5-13). A renter who wins can recover a reasonable attorney's fee (N.J.S.A. 10:5-27.1). While a court case is pending you cannot bring the same claim to DCR (N.J.S.A. 10:5-13). A federal suit stays open for two years (42 U.S.C. § 3613(a)(1)(A)).
Retaliation: Taking reprisals against anyone who has opposed a practice the LAD forbids is itself unlawful (N.J.S.A. 10:5-12(d)). So is coercing, intimidating or threatening someone for using LAD rights (N.J.S.A. 10:5-12(d)).
DCR is the only Fair Housing Assistance Program agency HUD lists for the state, and no city or county body enforces these cases. It applies the LAD and its own rule, which HUD's May 2026 memo does not change. DCR announced six ESA findings of probable cause in one July 2024 release, after Players Place II. Choose your forum early, because a court suit closes the DCR route while it runs.
Your envelope, item by item
Keep a dated copy of everything you send.
What to send your landlord
A few sentences, ideally in writing, although DCR says a landlord cannot insist on that (DCR ESA fact sheet). Say you have a disability and that your animal eases at least one symptom. Ask for a reasonable accommodation to the pet rule (N.J.A.C. 13:13-3.4(f)(2)). Name the animal and its species, ask for the pet-fee waiver DCR's guidance supports, and keep a dated copy.
The signed letter from a clinician licensed in New Jersey, on the clinician's own letterhead. It carries their New Jersey licence number, contact details and the date of the live video evaluation. It states that you have a disability and how the animal relieves at least one symptom, the test Players Place II applies. No statute requires these items. They let a landlord applying DCR's reliability test see who evaluated you and check the licence.
Your diagnosis, medical records, a registry card, an ID tag, a vest and any training record. The Supreme Court said medical records and examinations cannot be required, and that training is irrelevant (Players Place II). We sell no certificates, registrations, ID cards or vests, because none of them carry weight. A condo or HOA board gets the same two documents.
No New Jersey rule sets a response deadline, so ask for a written answer within a reasonable time. Silence is not a safe harbour for the landlord. DCR found probable cause against an East Orange complex that ignored a tenant's emails (AG/DCR release, 16 Jul 2024). Your 180 days to file with DCR run from the refusal (N.J.S.A. 10:5-18).
If your housing provider questions the letter, your clinician responds directly at no extra cost.
New Jersey renters by city
The rules are identical in Newark, Jersey City, Paterson, Edison, Trenton, Toms River, Lakewood and Cherry Hill. The right comes from the LAD and DCR's statewide rule (N.J.S.A. 10:5-12(g); N.J.A.C. 13:13-3.4(f)(2)), and no municipal or county body enforces it. Every renter files with the Division on Civil Rights within 180 days (N.J.S.A. 10:5-18), online through NJBIAS or on 1-833-NJDCR4U. The Division's head office is at 140 East Front Street in Trenton. Its ESA fact sheet lists the Newark office on 973-648-2700. The cases are local too. In July 2024 DCR found probable cause against a Jersey City owner who posted notices banning assistance animals and emotional support animals (AG/DCR release, 16 Jul 2024). The same release named complexes in East Orange, Verona, Parsippany, Berlin and Collingswood. A condo board in Toms River or Lakewood answers to the same rule as a Newark landlord. A Rutgers student in campus housing can bring the same letter to the university's disability or housing office. Our clinicians licensed in New Jersey meet you by live video, so the timeline is the same in Paterson and in Cherry Hill. It is a free screening, one live evaluation, and a signed PDF that usually arrives within 24 to 48 hours of the consultation if you qualify.
Myths in New Jersey
Small landlords with four or fewer units, or owners who live on site, are exempt from ESA requests in New Jersey.
FactFour units is the federal figure. The state exempts only a flat in a two-family house where the owner lives in the other unit, and rooms in a one-family home the owner or occupant lives in. Publicly assisted housing gets no exemption at all (N.J.S.A. 10:5-5(n)). An owner living in a three- or four-family house is covered.
A New Jersey ESA letter expires after one year, and the animal has to be registered or certified.
FactNo statute, rule, court decision or DCR document sets an expiry date or a renewal cycle. A landlord may ask for current, reliable documentation when your need is not obvious (DCR ESA fact sheet). The state keeps no ESA registry and issues no certificate or ID card. The proof the Supreme Court named is "a letter from a health care professional" or a government agency's determination (Players Place II, N.J. 2024).
Faking an ESA in New Jersey brings a fine of 100 to 500 dollars under the state's fake-service-dog rule.
FactNo ESA-fraud or fake-service-animal offence exists here. That fine covers putting a blind person's guide-dog harness on a dog to pass it off as a guide dog, or deliberately interfering with a guide- or service-dog user (N.J.S.A. 10:5-29.5). Your request still has to be true: a clinician must find a disability and a link to the animal.
Task-trained dogs are a different document. If your dog performs trained tasks for a psychiatric disability, read about the psychiatric service dog (PSD) letter online, written after a real consultation.
Typical competitor price $159 — you save up to $60
The reasonable-accommodation letter you give your landlord, after a live clinical evaluation.
Both letters from one course of care, including the consultations for each.
For people who already have housing sorted and need psychiatric service dog documentation only.
Signed PDF within 24 to 48 hours of your consultation. Same-day evaluations are often available for early bookings. Read the guarantee and refund terms.
Why this letter holds up
Read the exact terms. Money-back guarantee: full refund if you do not qualify, and a full refund if your housing provider refuses the letter.
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New Jersey FAQ
Only on a lawful ground, and the burden is the landlord's. Once you show a disability and that the animal eases at least one symptom, the provider "has the burden to prove the requested accommodation is unreasonable" (Players Place II, N.J. 2024). An undue burden or a fundamental change can qualify, as can the narrow owner-occupied two-family exemption (N.J.S.A. 10:5-5(n)). The ruling did not make ESAs automatically exempt from pet rules; it set a process.
Through a real evaluation by a clinician licensed in New Jersey, which the Telemedicine Act requires when you are in the state (N.J.S.A. 45:1-62(b)). Take our free screening, pay $99 at checkout, then meet the clinician on a live video call. No waiting period applies. If you qualify, the signed PDF usually arrives within 24 to 48 hours of the consultation. Some people do not qualify. A questionnaire, a template or a registry entry is not a letter.
A disability and a disability-related need the animal meets. The state definition is wider than the federal one. It covers a mental or psychological condition that is "demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques", with no substantial-limitation test (N.J.S.A. 10:5-5(q)). The animal must "alleviate at least one symptom" (Players Place II). A clinician licensed in New Jersey has to find both, and a diagnosis label alone does not settle it.
In housing, yes, as an accommodation the landlord must consider under DCR's rule (N.J.A.C. 13:13-3.4(f)(2)). In shops, restaurants and other public places, no. Public access belongs to a service or guide dog "trained by a recognized training agency or school" (N.J.S.A. 10:5-29). Since 2021, airlines may treat an ESA as a pet. For a psychiatric service dog, public access turns on the dog's training, not on any letter.
No. The state has no ESA registry, certificate or ID card, and an online registration gives an animal no legal status. The proof the Supreme Court named is "a letter from a health care professional" (Players Place II, N.J. 2024). DCR adds that internet paperwork not from a treating professional generally will not be reliable enough (DCR ESA fact sheet). A registration number is not a clinician's evaluation.
No. The request rests on a real disability and a real need, and a landlord may ask for reliable documentation when neither is obvious (DCR ESA fact sheet). New Jersey has no ESA-fraud offence, but the claim still has to be true. The one animal misrepresentation fine, 100 to 500 dollars, covers fitting a dog with a blind person's guide-dog harness (N.J.S.A. 10:5-29.5). A clinician licensed in New Jersey may also decline to write a letter.
$99 for a housing letter, $149 together with a psychiatric service dog letter, or $79 for a PSD letter and consultation on its own. The consultation and landlord verification support are included, and the price is the same across every state.
Nearby states and resources
Sources
General information, not legal advice. Last reviewed 2026-10-22 by Darren Rafel, LCSW. Statutes change; we re-check each state page and record the date above.
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