Mercer Times

Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued Findings of Probable Cause in six cases alleging discrimination on the basis of disability in violation of the New Jersey Law Against Discrimination (LAD). The six Findings of Probable Cause involve management companies or property owners who allegedly either failed to accept an emotional support animal as a reasonable accommodation for a disability or failed to follow the appropriate process for considering the tenant’s request for an emotional support animal.

As many as one in four New Jerseyans lives with a long-term disability, and up to 20% have been diagnosed with short-term or long-term depression. In a March 2024 decision, the New Jersey Supreme Court recognized that emotional support animals play a key role in helping "people who struggle with mental health issues and other disabilities, and can enable them to function better in their everyday lives." It clarified that housing residents with disabilities are entitled to request an accommodation to a no-pet policy to keep an emotional support animal. The Findings of Probable Cause announced today apply this analysis from the New Jersey Supreme Court decision.

These six cases involve multi-unit properties in Camden, Essex, Hudson, and Morris Counties. DCR’s investigation found sufficient evidence to support a reasonable suspicion that the property owner, management company, or both violated LAD’s prohibition against disability discrimination by failing to properly consider requests made by residents with disabilities for emotional support animals.

"New Jersey’s Law Against Discrimination, one of the nation’s oldest and most powerful civil rights laws, protects the right of all New Jerseyans with disabilities to request and obtain reasonable accommodations in housing," said Attorney General Platkin. "We are sending a message to all housing providers this Disability Pride Month: Providing reasonable accommodations is not optional, and if you violate our laws, we will hold you accountable."

Additionally, DCR announced it has developed new training regarding assistance animals following the New Jersey Supreme Court's decision in Players Place. To register for training with DCR, visit their website.

"The Law Against Discrimination provides important protections for individuals who request an accommodation for a disability," said Sundeep Iyer, Director of the Division on Civil Rights. "These protections mean housing providers cannot simply rely on a ‘no-pets’ policy to reject a request for an emotional support animal; they must engage in good faith with residents with disabilities who request such animals. Unfortunately, some housing providers still haven’t gotten the message. That’s why we’re bolstering our efforts to educate the public – and take enforcement action where violations occur."

The Findings of Probable Cause involve various alleged violations of LAD's protections for residents and prospective residents with disabilities.

In one case involving Claridge House in Verona, DCR found sufficient evidence that it unlawfully denied a condo owner's request for an emotional support animal despite receiving adequate documentation from a healthcare provider familiar with the owner's disability. Another case involving Lonaconing Apartments in Berlin revealed unlawful procedures requiring unnecessary certifications and imposing restrictions based on breed and size.

Hamilton Gardens in East Orange was found not responding appropriately to requests supported by medical documentation. Other cases involved improper bans on assistance animals at properties like Rutgers Village Apartments in Parsippany and Parkview Towers in Collingswood.

The Findings do not represent final adjudications but indicate sufficient evidence supporting reasonable suspicion of LAD violations. Final adjudications could result in penalties up to $10,000 per violation or up to $50,000 for multiple violations within five years.

For more information about rights under LAD or filing complaints related to disability discrimination:

- Visit [DCR's website]

- Call 1-833-NJDCR4U (833-653-2748)

The New Jersey Division on Civil Rights enforces several state laws aimed at preventing discrimination across various sectors including employment and housing.