Pets, ESAs & Service Animals: What Landlords Need to Know

Introduction

Whether you're new to being a landlord or a seasoned real estate investor in New Jersey, understanding the differences between pets, emotional support animals (ESAs), and service animals isn’t just a matter of courtesy — it’s critical for staying compliant and protecting your rental property. While these animals may seem similar at first glance, they’re each treated very differently under the law, especially when it comes to housing rights and when you can impose restrictions.

In this blog, we’ll walk you through the legal distinctions, your obligations under the Fair Housing Act and Americans with Disabilities Act (ADA), and how to handle requests for assistance animals the right way. We’ll also cover practical tools — like pet screening services, tiered pet rent structures, and supplemental insurance — that can help you reduce liability, document properly, and keep your rental investment protected.

Pets

First, let’s start with the easy one..Pets. Pets are your standard household companions — like dogs, cats, birds, fish, or even reptiles. As a landlord, you're free to create your own pet policy: allow them, prohibit them, or set rules such as breed or size restrictions.

You can also charge pet rent or pet fees, and here’s where it gets strategic. Using a pet screening service, you can assign pets a risk score based on their breed, weight, age, and behavioral history. This allows you to implement a tiered pet rent structure, where:

• Lower-risk pets (like small, older dogs) may result in lower pet rent since they potentially create less wear and tear
• Higher-risk breeds (larger dogs or those prone to property damage) may incur higher monthly fees as the risk to property damage or increased wear and tear is more likely.

A major advantage to these types of services is that they help ensure you’re being fair, consistent, and everything is well-documented — while maximizing income and minimizing risk.

Important Note for New Jersey Landlords:

While you can charge monthly pet rent for pets, New Jersey law caps security deposits at 1.5 times the monthly rent — regardless of whether a tenant has pets or not. You cannot legally charge an extra "pet deposit" that exceeds this limit.

Emotional Support Animals (ESAs)

ESAs are animals prescribed by a licensed healthcare provider to help alleviate symptoms of emotional or psychological conditions such as anxiety, PTSD (Post Traumatic Stress Syndrome), or depression.

Under the Fair Housing Act (FHA):

• ESAs are not considered pets
• You cannot charge pet rent or fees for an ESA (although as of 2025 some states are starting to contest this)
• You cannot deny housing based solely on the presence of an ESA
• You can request documentation from a licensed medical provider if the disability is not obvious

However, you may deny a request if the animal poses a direct threat, causes significant damage, or if the request lacks credible documentation. This is where things get a bit tricky, as there are strict limitations on what can be asked about the person’s medical history due to HIPA Regulations and going too far with your questioning can also get you into trouble. 

Tip: A pet screening service can also help verify ESA documentation to ensure authenticity and reduce your liability as a housing provider.

🔒 Important Reminder: ESAs are not covered under the ADA. Their protections come only from the Fair Housing Act, and they are not always granted public access rights as they are not “Service Animals” by legal definition. 

Service Animals

Service animals are highly trained dogs (or occasionally miniature horses) that perform specific tasks for individuals with disabilities — such as guiding the visually impaired, alerting to seizures, low blood sugar or fainting, or providing physical support by assisting with daily life tasks.

These animals are protected by both the ADA and FHA, which means:

• You cannot charge any pet-related fees
• You cannot request documentation of the dog’s training
• You cannot deny housing because of the animal
• You can only ask two ADA-compliant questions:
  1. Is the animal required because of a disability?
  2. What task or work has the animal been trained to perform?

If the disability and function of the animal are obvious — like a seeing-eye dog — you shouldn’t ask anything at all.

Protecting Yourself as a Landlord

Landlords and property managers need to balance legal compliance with risk management and here's how this can be done:

1. ✅ Create a Clear Animal Policy
    Outline your rules for pets vs. assistance animals. Clarify that ESAs and service animals are not “pets” and must be handled differently.
2. 📋 Use a Pet Screening Service
    A third-party platform can:
   • Create detailed pet profiles (breed, weight, vaccinations, behavior history)
   • Assess potential property risk and assign a risk rating
   • Verify ESA and service animal documentation for authenticity
   • Help ensure Fair Housing compliance and consistent decision-making
3. 💼 Stay Within New Jersey’s Security Deposit Limit
    NJ law only allows you to collect a maximum of 1.5 months’ rent as a security deposit — no more, regardless of the number or type of animals.
4. 🏠 Require Renters Insurance
    Request that tenants carry renters’ insurance with liability coverage — especially important for larger pets or assistance animals.
5. 🧾 Consider Supplemental Landlord Insurance
    Some policies offer animal liability riders or coverage for pet-related damage. Instead of charging a Pet Fee / Pet Rent just for the presence of the animal, this may be an option to charge the tenant for the policy instead and ultimately end up with more protection in the event of any damage. Ultimately, you should talk to your insurance professional about coverage options. 

Final Thoughts

Understanding the differences between pets, ESAs, and service animals — and the laws that protect them — isn’t just a legal necessity, it’s a smart business move. The wrong policy or fee could result in a discrimination claim; while the right systems can help you protect your investment and stay compliant.

If you’re unsure how to handle an animal-related request, working with a professional property manager such as PMI Prime Property or a legal advisor for proper guidance can help you reduce the stress of being a landlord. This is just one area that a professional property manager can be of tremendous value to you. 

Author: Kevin Fletcher, Broker, CMCA, AMS

Need help managing these situations the right way?
 👉 Schedule a free consultation with our property management team today — we’ll help you stay compliant, protected, and profitable.