Service Animal Laws in NJ Explained
In New Jersey, service dogs and their handlers are protected by both federal and state laws. Under the federal Americans with Disabilities Act (ADA), people with disabilities can bring their service dogs into any public place that is open to the general public, including restaurants, schools, hotels, and doctor’s offices. However, some folks are still confused as to what exactly a service dog is. With these laws in place, service dog owners are empowered, and business owners are limited in their right to exclude service dogs from their establishment.
According to the ADA, a service animal is defined as a dog that has been "individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability." 28 CFR 36.104. The work or task must be directly related to the person’s disability . Common examples of types of service dogs include:
To be considered a service dog under federal law, the animal’s disability work or tasks must be directly related to the person’s disability. Examples of do not qualify dogs as service dogs under federal law include dogs whose sole purpose is to provide comfort or emotional support to people with disabilities.
State law also protects service dogs and their handlers. In New Jersey, the limited definition of a service dog in New Jersey statutory law is any dog that is "individually trained to assist an individual with a physical disability to aid that individual in dealing with the practical effect of the disability." 52:27EE-1. Nonetheless, the New Jersey Division on Civil Rights has interpreted state law as requiring entities regulated by the New Jersey Law Against Discrimination (LAD) to allow the use of service animals that are defined by federal, not state, law.
Service Dogs Defined and Recognized
Under New Jersey Service Dog Laws, only dogs can be recognized as service animals when it comes to the rights and privileges of accessing public places. New Jersey Statutes 10:5-5 defines a service dog as "any guide dog, signal dog, other dog trained, or being trained, to work or perform tasks for the benefit of an individual with a disability, or a dog that the owner has a reasonable expectation to be in training to be a service dog." Depending on the type of disability a person has, the tasks that the service dog is trained to perform could include, but are not limited to: While service dogs can be trained by any individual, public or private entity, it is best practice for them to be professionally trained through a service animal training program.
Service dogs differ from emotional support animals in that emotional support animals are not required to be specially trained to assist their owners. Additionally, emotional support animals are not provided the same public access privileges under the Americans with Disabilities Act (ADA) and New Jersey State Law. Despite the differences in public access rights under the ADA, the New Jersey Division on Civil Rights has made it clear that people living with disabilities in New Jersey who legally own emotional support animals, are entitled to the same housing and employment rights that service dogs are. Although these rights are not necessarily discussed under New Jersey Service Dog Laws, they are rights that are enforced by the New Jersey Division on Civil Rights in the same way service dog rights are enforced.
Public Accommodations Rights for Service Dogs
Service dogs have been a part of the American landscape for decades, but access issues remain a substantial problem. The ADA and New Jersey service animal laws require public places to allow access if a handler has a certified service animal. In New Jersey, violation of these laws can result in fines up to $1,000 per violation. New Jersey ADA law and NJ service animal laws have specific provisions that apply to service dog handlers. As a general rule, any establishment having an employee present is required to grant access if the employee is informed the handler has a certified service dog.
Examples of establishments service dog handlers are entitled to enter with their service animals include restaurants, public and private schools, assisted living facilities, recreational camps, museums, hospitals and other medical facilities and airplanes. Service dog handlers also have the right to fly with their service dogs. Passengers with disabilities who require a service animal are permitted to board first. Passengers without disabilities must wait until all service animals and their handlers have boarded.
For express buses, there are no size limits for service animals such as dogs, so all service dogs, regardless of the dog’s size, must be allowed to ride free of charge. For local, regional and long distance buses, the bus company may require service dogs not in training to be in a carrier. An exception applies if the bus has designated seating for customers with disabilities and the carrier won’t fit in the required space.
Service Dog Handler Obligations in New Jersey
Responsibilities of the Service Dog Handler in New Jersey
In most states, including New Jersey, for a service dog to qualify as a true service dog, it must meet certain requirements. These requirements for a service dog include specific qualifying tasks that the dog must perform or work that the dog must provide. However, it could be argued that there are also requirements and obligations for the individual with a service dog. In New Jersey, there are obligations beyond the rights of individuals with a service dog.
The law states that having a service dog does not require the business, entity or landlord to alter its policies or adapt provisions so that the individual can keep the service dog on the property. The exception to this rule is if it would constitute a direct threat to the health and safety of others. The general burden is on the individual to control his or her service dog and make sure that it does not threaten the health and safety of others.
That means that if there is a situation where the service dog is threatening others or is acting in an aggressive or otherwise negative way at a business, service, entity, organization, government entity, etc., the owner of the services and premises is not responsible for providing the individual with access to these facilities. If the individual with a service dog cannot control his or her service dog or if the service dog is not behaving appropriately, provided for service dogs in New Jersey, he or she may be forcibly removed from the premises or even charged with trespass.
Additionally, an individual with a service dog is not allowed to take one on the beach, except where a city ordinance permits this. Even then, it is suggested that the individual follow the example set by the local chapter of the United States Coast Guard Auxiliary, which states that all disabled persons using a service dog should only use a leash with the dog to keep it off the sand, whereas wheelchair bound persons using a wheelchair should be on the sand.
Finally, an individual with a service dog may not take a service dog into a nursing home or other residential care facility that employs a registered nurse on the premises or where general supervision is provided by a licensed health care professional who has authority to admit and discharge residents. This also applies in places where health professionals provide treatment and supervision to individuals with specific chronic diseases, illnesses, and infirmities.
In other words, there are obligations and restrictions put on service dogs and their owners to maintain the rights of both parties.
Housing Rights of Service Dogs in New Jersey
Housing Rights of Service Dog Owners in New Jersey
The New Jersey Law Against Discrimination prohibits discrimination against any person with a disability in housing, regardless of whether the person uses a service dog. However, there are additional protections for people who use service dogs and live in rental housing. Housing providers must accommodate requests for reasonable accommodations from tenants with disabilities when necessary to allow them the full and equal enjoyment of residential or public accommodation. (N.J.A.C. Section 13:13-2.1(a)(5)). According to a HUD publication, people with disabilities must ask landlords or housing providers to make certain property restrictions that would otherwise apply to animals in order to permit the tenant to have an assistance animal in a dwelling as a reasonable accommodation for a disability. Certain assistance animals, like guide dogs and psychiatric service dogs, have a very specific job. Other assistance animals, called emotional support animals, help people with mental or psychiatric conditions. Emotional support animals may be prescribed by a doctor, therapist, or other licensed health professional, but according to HUD they do not have to have any special training. Often it is the individual with a disability who can best assess his or her own disability-related needs for an assistance animal. If the disability is obvious (such as blindness), the landlord cannot ask for information about the person’s disability. However, if information about the disability is not obvious, the landlord may ask for reliable documentation of the necessity for an assistance animal. An individual may need an assistance animal due to a disability if the animal helps the individual perform daily activities like going to work or the grocery store, remembering to turn off the stove, remembering to take medication, going into a crowded space, or controlling symptoms of psychiatric, cognitive, or mental diagnosis. The New Jersey Residential Landlord-Tenant Act provides: a. No person shall refuse to rent, lease, sell or otherwise deny or limit accommodation based upon a refusal to accept a service dog present because of its owner’s disability. b. The occupant of a rented or leased premises or any person living with such occupant known to the lessee or landlord at the time of entering into the lease or renewal thereof, or who seeks to reside in a premises and has the approval of the landlord to reside therein shall be entitled to have a service dog present. c. No person shall impose a deposit, an extra rental payment, additional rent, a fine or any additional charge or rental for the presence of a service dog. d. No person shall refuse to allow a service dog present as a reasonable accommodation for an individual who has a disability and who otherwise qualifies under any admission policy of a housing accommodation, unless the accommodation would cause a fundamental alteration in the nature of the program, service or activity which would deny the disabled individual an equal opportunity to use and enjoy a dwelling unit. N.J.S.A. 46:8-1.1.
Service Dog Registration and Identification
Service dogs in New Jersey are not required by state law to be registered or carry any kind of formal identification. There are no specific registration requirements under the New Jersey service dog laws. The federal ADA service dog laws have a similar stance on registration and identification.
Under the federal ADA service dog laws, there are no state or national requirements that service dogs be registered or wear identification. However, business owners may ask service dog handlers for "proof" that their service dogs are properly trained. The ADA does not require businesses to allow pets of any kind, but requires businesses to allow service dogs. Thus, to avoid many potential problems, such as Americans with Disabilities Act lawsuits , businesses occasionally choose to ask service dog owners to provide proof that their service dogs are trained properly.
All service dogs in New Jersey are "registered" through their receipt of professional training from recognized service dog training program. No state service dog registration is required in New Jersey. Any nonprofit or for-profit group may register canines as service animals, guide dogs, hearing dogs, or seizure alert dogs. However, such registrations are completely voluntary. Although some service dog registries support the concept of certification programs, they oppose programs that require individuals to pay a fee.
Some organizations and individuals offer certification programs, which they assert makes service dogs more acceptable at public places. However, these organizations do not administer a central registry of certified service dogs, nor do they maintain a national database. Again, federal ADA laws, state laws, and any state anti-discrimination laws prevent businesses from refusing service dog access based on third-party "registrations".
Service Animal Penalties and Fraud
In New Jersey, if you are caught misrepresenting or attempting to pass off your untrained pet as a service dog you may be charged with a crime. This initial charge is a disorderly persons offense, but if you already commit this same crime within ten years of that crime’s conviction, it is an indictable offense (a felony) and can come with significantly harsher penalties as well as potential jail time. Fortunately, these legal penalties only apply to those who attempt to enter a place with a pet or companion animal disguised or presented as a service animal; there are no legal repercussions for those who bring their pets into places that are otherwise prohibited to them.
Addressing Service Dog Conflicts
When disputes arise regarding the use of service dogs, both the handler of the service dogs and members of the public are encouraged to first address the dispute directly. It is suggested that the parties try to reach a resolution without involving legal or regulatory authorities or the police. If disputes cannot be resolved amicably, individuals should contact the relevant governing authority so that it can investigate the claim. If you believe that your rights have been violated, you may also want to contact an advocacy group or an attorney to discuss your options. Generally, you will only have a limited time period after the discriminatory action to file a complaint with the appropriate agency or in court.
The following government and legal advocacy organizations may be able to provide you with guidance on resolving disputes:
Department of Justice – Civil Rights Division
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section
PHB – 405
Washington, D.C. 20530
Phone: (800) 514-0301 TDD: (800) 514-0383
Special Note: Organizations may use this complaint cover sheet if they wish to submit a complaint on behalf of an individual who is disabled.
Equal Employment Opportunity Commission (EEOC)
U.S. Equal Employment Opportunity Commission
131 M. Street, N.E., Room 4-200
Washington, D.C. 20507
Phone: (800) 669-4000 TDD: (800) 800-3302
New Jersey Attorney General – Division of Civil Rights
Division of Civil Rights
140 East Front Street, 6th Floor
PO Box 090
Trenton, NJ 08625-0090
Phone:(609) 292-4605 TTY:(609) 292-4580
New Jersey Division of Disabilities (DDD)
New Jersey Division of Disabilities
PO Box 726
Trenton, New Jersey 08625
(800) 832-9173
Helpful Resources for Service Dog Owners in NJ
In addition to these state laws, service dog owners in New Jersey can access various resources and support networks. Several organizations focus on providing information about service dog regulations and training, and they also help owners connect with trainers and vets. The New Jersey Department of Health manages the Department of Health Service Animal Registry. This voluntary program began in 2011 and helps disabled individuals find specially trained service animals. Applying for a service animal requires a signed form from a physician verifying the disability and a certification from a trainer showing that the animal has completed training. The doctor and trainer must both complete the form , so applicants must contact each of them prior to registration. Another resource is the New Jersey Association of Service Dogs for the Disabled and Support Dogs of New Jersey. Both of these groups provide educational materials for the public and for trainers, as well as networking among trainers and owners.