A barking dog, a cat in the window, or a tenant requesting to bring a companion animal - these situations can leave landlords unsure about what's allowed. Are these pets, or do they have legal protections?
For property owners in Monmouth County, NJ, it's important to understand the rules around support animals. Not all animals are treated the same under housing laws. This guide will explain the difference between pets, service animals, and emotional support animals so you can stay compliant and confident when managing your rental property.
What Is a Pet?
Pets are animals kept for companionship. They're not trained to perform tasks or provide emotional help. As a landlord, you have full control over pet policies in your lease.
You can choose to allow or ban pets, ask for pet deposits, and set rules about size or breed. Since pets are not protected under federal housing laws, your rules apply without exception. Just be clear in your lease agreement and enforce it equally among tenants.
What Are Service Animals?
Service animals are trained to perform specific tasks for people with disabilities. These tasks might include guiding someone who is blind or alerting a person to an oncoming seizure. Under federal service animal regulations, landlords must allow these animals, even if they have a no-pets policy.
Service animals are usually dogs, and they are not considered pets under the law. You also cannot charge pet fees or deposits for them. However, you can ask limited questions if the disability is not obvious, such as what tasks the animal performs.
What Are Emotional Support Animals?
Emotional support animals help individuals with mental health conditions by providing comfort. They do not require special training, but they do require a letter from a licensed healthcare provider. These animals are protected under fair housing laws, meaning landlords must make reasonable accommodations in most cases.
However, there's often confusion around emotional support pet policies. Unlike service animals, these animals are not allowed in all public spaces, but landlords still cannot charge fees or deny them based on breed or weight.
Pets vs. Support Animals: Legal Differences
The key difference between pets and support animals lies in the legal protection. Pets are optional and governed by your lease. Support animals, which include both service and emotional support animals, are covered under the Fair Housing Act. This means landlords must make exceptions to pet policies when proper documentation is provided.
Understanding this difference is especially important when applying Monmouth County rental laws, as local rules align with federal protections and can carry penalties for non-compliance.
What Landlords Can and Cannot Do
You can request documentation for emotional support animals. For service animals, you're allowed to ask if the animal is required because of a disability and what tasks it is trained to perform.
You cannot ask for medical records, demand training certificates, or charge extra fees. It's best to review all requests carefully and document your responses to avoid discrimination claims.
Stay Compliant With Confidence
At PMI Inspired, we help landlords understand their responsibilities and protect their properties. Knowing the rules about pets, service animals, and support animals helps avoid confusion and legal issues.
If you need help managing tenant requests or setting clear lease terms, our team is here to support you. Reach out for expert guidance and stress-free property management.
