Lessons from real estate school—and the real world—that every Realtor® should lean.
An essential part of our training at Garden State Real Estate Academy, both for those looking to earn their first real estate license and for existing Realtors® whom we teach in Continuing Education classes is the NJ Law Against Discrimination (LAD). One of the most misunderstood parts of the LAD by both real estate agents and their housing provider clients is what is says about service animals and emotional support animals (ESAs).
There is a big difference.
Service Animals vs Emotional Support Animals
A service animal is only a dog that has been professionally trained to perform specific tasks for its owner with a disability. Most real estate agents can understand what a service animal is because they have all seen guide dogs assisting their blind owners.
An emotional support animal (ESA) is a “common household pet” that provides a therapeutic benefit (e.g., emotional support, comfort, companionship) to a person with a mental health or psychiatric disability such as a serious mental health condition.
In our real estate school at Garden State Real Estate Academy, we teach licensees to remind their housing provider clients that both the Federal Fair Housing Act and the New Jersey Law Against Discrimination prohibit any restriction on the size or breed of a disabled person’s service dog or emotional support animal. That means a landlord cannot tell a person who has been prescribed an emotional support or service animal “I will only allow dogs up to 30 pounds,” or, “No pit bulls or Dobermans.”
Adopting an attitude of “This is my place and I can make the rules” can be a costly mistake.
The Players Place II Case Study
Players Place II is a condominium community in Gloucester County, NJ. It has a policy that does not permit residents to have dogs weighing more than 30 pounds from living in their unit. Condo owners are required to register their pets with the Association, and while it does state that “dogs used for the blind” are not bound by the weight limit, its policy is silent on the subject of emotional support animals.
In 2018, a unit owner notified the Association of his wife’s need for an emotional support animal that would likely weigh more than 30 pounds. The Association responded that it, “will not and cannot accommodate any alleged disability in regards to a dog that weighs in excess of 30 lbs.” The owner wrote back stating his wife already had the emotional support dog and he attached a letter from her psychiatric nurse practitioner which stated that she had been treating his wife for several months, that she “suffers from a mood and anxiety disorder” and “would benefit” from having an ESA. Her condition was so severe that she would often hide in the closet for hours, and her ESA, Luna, would sit beside her, licking her face when she cried, providing great comfort, she claimed.
Next came a letter from the attorney representing Players Place II Condominium Association reiterating that they would not permit any dog over 30 pounds, and even threatened that even if such a dog were to enter the premises owned by the Association, it would begin legal action against the owner.
There were no complaints from other residents about Luna creating a noise or nuisance. Nevertheless, the Association filed a lawsuit against the unit owner claiming he violated the conditions of the master deed and Association rules by not registering the dog and having a dog over 30 pounds. The owner responded with a counterclaim alleging the Association was violating his wife’s rights under the Federal Fair Housing Act and the NJ Law Against Discrimination for barring her as a person with a disability from having a prescribed ESA.
While there were two earlier trials with split decisions, the case ended up in the New Jersey Supreme Court.
The NJ Attorney General appeared before the Court on behalf of the NJ Division of Civil Rights, the state agency responsible for enforcing the LAD and argued that the claimant’s need for “reasonable accommodation” under the LAD “is necessary . . . if the individual with the disability can show the accommodation alleviates the effects of her disability to afford her the equal opportunity to use and enjoy her dwelling.” He posited that in taking the side of the Association, the lower court misinterpreted the appropriate legal standard in light of the remedial purpose of the LAD and its implementing regulation, N.J.A.C. 13:13-3.4(f)(2). He also contended “that it was clear error to find there was insufficient evidence to demonstrate the necessity of the requested accommodation.”
The Supreme Court reversed the lower courts’ finding that had been largely in favor of the Association and let Luna stay with her owners. As It sent the case back down to the Law Division for consideration of the disability claims. Sean Sullivan headlined his article in NJ.com, “Stay, Luna, stay! Emotional support dog wins condo dispute NJ Supreme Court rules.”
At least, for now, Luna can continue providing the support her owner so desperately needs.
Court Cases are Stressful and Expensive
While not yet fully resolved (as of August 2024), the case is a reminder of the many thousands of dollars in legal fees and court costs that the condominium association has incurred (money collected from their condo owners) and which could have been saved had the condo board understood what the law states and had tried to work out a “reasonable accommodation” with a condo owner who clearly did have a need for an emotional support animal.
Whether studying for their real estate exam in real estate school or as a practicing real estate agent, you must remember what the LAD defines as a person with a disability, for which “reasonable accommodations” must be made. A “disability” under N.J.S.A. 10:5-12(h)(2) is any:
“physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include . . . any mental, psychological, or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological, physiological, or neurological conditions which [1] prevents the typical exercise of any bodily or mental functions or [2] is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques.”
Garden State Real Estate Academy is the state’s top-rated real estate school. We offer in-person real estate classes and online real estate classes with live instructors and offer self-study real estate licensing courses where you can take the entire course at your own pace.
For more information, call us at 609.923.0590 or check out the many helpful tips at www.GSREacademy.com.
David C. Forward is a licensed real estate broker and instructor and was first licensed as a Realtor® 36 years ago. During his career, David and his business partner sold more than 600 homes in South Jersey. He is now School Director of Garden Real Estate Academy, has won numerous awards for real estate sales, is a much-requested public speaker who has addressed audiences on six continents. His 20th book Zero to Hero: Winning strategies for new real estate agents to become SuperStars in their first year was released recently.
Photo credit: NJ Advance Media
