Service Dog Laws and Rights in New Jersey

Service dogs are indispensable companions for individuals with disabilities, providing essential assistance that enables greater independence and improved quality of life. In New Jersey, both federal and state laws protect the rights of service dog handlers, ensuring they can access public spaces, housing, workplaces, and transportation without discrimination. This guide offers an in-depth look at these legal protections, responsibilities of handlers, and recent developments in the state.

1. Definition of a Service Dog Under New Jersey Law

Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. New Jersey law aligns closely with this definition. Tasks performed by service dogs can include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, or performing other special tasks.

It’s important to note that emotional support animals (ESAs) and therapy dogs are not considered service animals under the ADA or New Jersey law, as they are not trained to perform specific tasks related to a person’s disability.

2. Public Access Rights in New Jersey

Individuals with disabilities accompanied by service dogs are entitled to full and equal access to all public accommodations in New Jersey, as stipulated by the New Jersey Law Against Discrimination (NJLAD) and the ADA. This includes places such as restaurants, hotels, theaters, stores, and public transportation.

Businesses and public entities are allowed to ask two specific questions to determine if an animal is a service dog:

Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?

They cannot require documentation, ask about the person’s disability, or demand that the dog demonstrate its task.

Handlers must ensure their service dogs are under control at all times, typically through a leash or harness, unless the handler’s disability prevents its use or it interferes with the dog’s tasks. The dog must also be housebroken and not pose a direct threat to the health or safety of others.

3. Housing Rights

Under the Fair Housing Act (FHA), individuals with disabilities are entitled to reasonable accommodations in housing, including the right to live with their service dogs, even in properties with “no pets” policies. Landlords cannot charge pet fees or deposits for service dogs and must make exceptions to breed or size restrictions.

While landlords can request documentation verifying the need for a service dog, they cannot require proof of training or certification.

4. Employment Rights

The ADA requires employers to provide reasonable accommodations to employees with disabilities, which can include allowing a service dog in the workplace. Employers must engage in an interactive process with the employee to determine appropriate accommodations and cannot deny employment based on the presence of a service dog unless it poses an undue hardship.

Employees are responsible for ensuring their service dogs do not disrupt the workplace and are under control at all times.

5. Air Travel with a Service Dog

The Air Carrier Access Act (ACAA) prohibits discrimination in air travel on the basis of disability and requires airlines to accommodate service dogs. Passengers may be required to submit a completed U.S. Department of Transportation Service Animal Air Transportation Form attesting to the dog’s health, behavior, and training.

Service dogs must be harnessed, leashed, or otherwise tethered during the flight and must remain under the handler’s control. Airlines are not permitted to charge fees for service dogs or require them to sit in a specific location unless necessary for safety.

6. Service Dog Training in New Jersey

There is no legal requirement in New Jersey for service dogs to be professionally trained or certified. Handlers are permitted to train their own service dogs. While not mandatory, some handlers choose to use vests or identification cards to signify their dog’s status, which can help reduce public confusion.

It’s crucial that service dogs are trained to perform specific tasks related to the handler’s disability and can behave appropriately in public settings.

7. Fraud and Misrepresentation Penalties

Falsely representing a pet as a service dog in New Jersey is subject to penalties under N.J.S.A. 10:5-29.5. Individuals found guilty of such misrepresentation can be fined between $100 and $500.

Misrepresenting a pet as a service animal undermines the legitimacy of trained service dogs and can create challenges for individuals who rely on them.

8. Recent Developments in New Jersey

In recent news, the New Jersey Senate passed a bipartisan bill establishing a pilot program to integrate therapy dogs into public elementary school wellness programs. The initiative aims to assess the academic and health benefits of therapy dogs in educational settings, potentially expanding support for students’ mental health and well-being.

9. Frequently Asked Questions (FAQs)

Q: Can a business ask for proof that my dog is a service animal?

A: No. Businesses can only ask if the dog is a service animal required because of a disability and what tasks it has been trained to perform.

Q: Are service dogs required to wear a vest or ID tag in New Jersey?

A: No. There is no legal requirement for service dogs to wear vests or carry identification, though some handlers choose to use them.

Q: Can I train my own service dog?

A: Yes. Handlers are permitted to train their own service dogs without professional assistance.

Q: What should I do if my service dog is denied access to a public place?

A: You can file a complaint with the New Jersey Division on Civil Rights or the U.S. Department of Justice.

Understanding the rights and responsibilities associated with service dogs in New Jersey is essential for handlers, businesses, landlords, and the general public. By staying informed and respectful of these laws, we can ensure that individuals who rely on service dogs can navigate their daily lives with dignity and independence.