# ESA Letter in Bayonne, NJ: Two-Family Homes and Who Is Covered

> Bayonne rents 18,468 of its 28,951 homes, many in two- and three-family houses. Which of them the Law Against Discrimination reaches, and which it does not.

- Source: https://supportanimal.com/blog/new-jersey-emotional-support-animal/bayonne/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-08-11
- License note: informational content; not legal or medical advice.

## Key facts

- Population: 74,532
- Households renting: 63.8%
- Typical pet deposit (as a pet): Capped: 1.5 months' rent
- Typical pet rent (as a pet): Varies by building
- Breed/weight limits common: sometimes
- Pet fees, deposits, and breed limits with a valid ESA letter: none (FHA reasonable accommodation)

## A peninsula of small buildings

Bayonne rents 18,468 of its 28,951 occupied homes: 63.8 percent, on the
2020-2024 American Community Survey five-year estimate, in a city of an
estimated 74,532 people in 2024. That is well above New Jersey's 36.2 percent,
and it is the fourteenth-largest municipality in the state.

The number tells you less than the buildings do. Bayonne fills a narrow
peninsula between Newark Bay and the Kill Van Kull, and its housing reflects
that: streets of two- and three-family houses, many of them owner-occupied,
alongside larger developments. For someone asking about an emotional support
animal, the landlord on the other side of the request is often a person who
lives upstairs rather than a management company with a policy binder.

That changes the first question you should ask. Not "what does the law
require?" but "does the law reach this building at all?"

## The two-family carve-out, and how narrow it is

New Jersey's Law Against Discrimination hides its housing exemptions inside a
definition rather than a section marked "exemptions." N.J.S.A. 10:5-5(n)
defines "real property" and then says that, "except as to publicly assisted
housing accommodations, the provisions of this act shall not apply to the
rental: (1) of a single apartment or flat in a two-family dwelling, the other
occupancy unit of which is occupied by the owner as a residence."

Read the shape of that carefully, because it is narrower than landlords tend to
assume.

It covers a **two-family** house where the owner lives in the other unit. A
three-family is not in it. A two-family whose owner lives elsewhere is not in
it. And the carve-out is switched off entirely for publicly assisted housing —
which N.J.S.A. 10:5-5(m) defines to include "all housing financed in whole or
in part by a loan, whether or not secured by a mortgage, the repayment of which
is guaranteed or insured by the federal government or any agency thereof."

Federally insured mortgages are ordinary on small Bayonne properties. So a
tenant in a two-family should not assume the exemption applies before finding
out how the building was financed. Giving up at this stage is the most common
avoidable mistake in a city built like this one.

## The security deposit rules have the same shape, and a switch

The same style of carve-out shows up in the money rules, with one difference
that is worth real cash.

New Jersey's security deposit law caps a deposit at "1 1/2 times 1 month's
rental" under N.J.S.A. 46:8-21.2. Deposits are held in trust and stay the
tenant's property under N.J.S.A. 46:8-19. And if a landlord wrongly fails to
return one, N.J.S.A. 46:8-21.1 lets a court award "double the amount of said
moneys, together with full costs."

Now the catch, N.J.S.A. 46:8-26 in full: "The provisions of this act shall
apply to all rental premises or units used for dwelling purposes except
owner-occupied premises with not more than two rental units where the tenant
has failed to provide 30 days written notice to the landlord invoking the
provisions of this act."

That is not a flat exclusion. It is an opt-in. A tenant in an owner-occupied
two-unit Bayonne house can bring the whole deposit statute into play by giving
thirty days' written notice, and most tenants in that position have never been
told so.

## Once you are covered, the test is the same everywhere

Assume the building is covered. What the law then requires does not depend on
whether your landlord owns two units or two hundred.

The duty is regulatory. Under N.J.A.C. 13:13-3.4(f)(2) a housing provider may
not "[r]efuse to make reasonable accommodations in rules, policies, practices
or services ... when such accommodations or modifications may be necessary to
afford a person with a disability equal opportunity to use and enjoy a
dwelling." The Division on Civil Rights readopted that chapter effective 13
October 2025 without touching the housing rules.

That regulation reached the New Jersey Supreme Court in *Players Place II
Condominium Ass'n, Inc. v. K.P.*, 256 N.J. 472 (2024), decided 13 March 2024,
and the Court set out how it works for a support animal. The resident shows a
disability and shows the animal may be necessary for equal use and enjoyment.
Then "[h]ousing
providers then have the burden to prove the requested accommodation is
unreasonable," measured by whether the animal would "fundamentally alter" their
operations or "impose an undue financial or administrative burden." And, in the
sentence a small landlord most needs to hear: "Whether the animal has been
trained is not a relevant consideration."

A homeowner who has never handled a request like this is not acting in bad
faith by being unsure. The Court asks both sides for "a good-faith, interactive
dialogue," and in an owner-occupied house that conversation is usually the
whole case. Put the request in writing anyway; it dates the request and it
gives you something to file if talking fails.

## Fees: cite the right thing

New Jersey has a statute that sounds perfect and is not. N.J.S.A. 10:5-29.2
carries the heading "Housing accommodations," entitles the tenant to "full and
equal access to all housing accommodations," states they "shall not be required
to pay extra compensation," and voids any lease clause "prohibiting maintenance
of a pet or pets on or in the premises." It even protects a service dog kept on
after retirement.

None of it applies to an emotional support animal. The section covers only a
person with "a service or guide dog," and N.J.S.A. 10:5-5 defines both by the
training the dog has received.

The protection an emotional support animal does have comes from the Division on
Civil Rights, whose guidance the Supreme Court adopted. That guidance says a
housing provider "cannot require you to pay an additional security deposit or
pet fee, or obtain additional renter's insurance, in exchange for allowing you
to keep an ESA," while leaving you to pay "for any actual damage the animal
causes." DCR is equally clear about the ceiling: "unlike service or guide
animals, ESAs are not automatically exempt from a housing provider's no-pet
policies." It is a balancing test in which the landlord carries the weight, not
a free pass.

## There is no local office. Anywhere in New Jersey.

If the conversation fails, the complaint does not go to city hall, not in
Bayonne, and not in any New Jersey municipality.

N.J.S.A. 10:5-10 is the only provision in the LAD about local commissions. It
allows a mayor to appoint one, and describes its work as fostering "good will,
cooperation and conciliation" and making recommendations on policy and
education. Compare N.J.S.A. 10:5-8(c), which puts the power to "receive,
investigate, and act upon complaints" in the state Division, and N.J.S.A.
10:5-14, which makes the investigation the Attorney General's job. Look at
HUD's roster of partner fair housing agencies and New Jersey shows a state
entry only: no city or county in this state is certified to take a fair housing
charge.

So two doors. DCR takes complaints at bias.njcivilrights.gov and on
1-833-NJDCR4U (833-653-2748); the closest regional office to Hudson County is
in Newark, 973-648-2700. HUD takes them at 1-800-669-9777.

The deadlines are different, and that difference is the point. Under N.J.S.A.
10:5-18 the state clock runs 180 days from the discriminatory act. HUD allows
one year under 42
U.S.C. § 3610(a)(1)(A)(i), and New Jersey's own N.J.S.A. 10:5-9.2 ties the
two systems together by declaring that the LAD is meant to let DCR "qualify as
a 'certified agency' within the meaning of the Federal Fair Housing Amendments
Act." A tenant who lets six months slip by should still ask about the federal
route.

## What actually supports the request

No training. No certificate. DCR's fact sheet puts the second half plainly:
"Documentation obtained from the Internet that does not come from a treating
healthcare professional generally will not be sufficiently reliable to support
the need for an ESA."

What holds the request up is a letter from someone who treats you. Hudson
County falls inside the service area of Northeast New Jersey Legal Services,
whose central intake line is 973-523-2900 and whose nearest office to Bayonne
is on Summit Avenue in Jersey City, 201-792-6363.

## What Bayonne landlords can and cannot do

**Cannot:**
- A landlord may not refuse because the animal is untrained. The Supreme Court's words are "[w]hether the animal has been trained is not a relevant consideration."
- A landlord may not condition the accommodation on a doctor's order for the animal. The Court held that the LAD "does not require that an ESA be prescribed by a mental health professional."
- Cannot demand that the animal cure or eliminate the disability. The necessity test is symptom-level: "the question is whether the accommodation will alleviate at least one symptom of the disability, not whether the accommodation will cure or eliminate the disability" (Players Place II).
- Cannot treat a weight limit, size limit or breed rule as a trump card. The pet policy is the thing the accommodation is an exception to. The association in Players Place II had a thirty-pound cap and the resident’s dog weighed sixty-three pounds.
- A landlord may not charge an additional security deposit or a pet fee, and may not require additional renter's insurance, in exchange for allowing an ESA, Division on Civil Rights guidance, adopted by the Supreme Court. The same guidance preserves the landlord's right to charge "for any actual damage the animal causes."
- A landlord may not make any written or oral inquiry or record about the disability of a prospective tenant or occupant, unless a government agency requires the information and the landlord says so clearly (N.J.A.C. 13:13-3.3).
- A landlord may not take reprisals against a tenant for opposing a practice forbidden by the LAD, for seeking legal advice about it, or for filing a complaint (N.J.S.A. 10:5-12(d)).
- Total security may not exceed one and a half months' rent (N.J.S.A. 46:8-21.2), and any additional security collected during the tenancy is capped at 10 percent of the current deposit per year. A refundable pet deposit sits inside that ceiling.

**Can:**
- A landlord or condominium association must assess an emotional support animal request under N.J.A.C. 13:13-3.4(f)(2), and once the tenant shows a disability and that the animal may be necessary for an equal opportunity to use and enjoy the dwelling, the burden shifts: the housing provider has "the burden to prove the requested accommodation is unreasonable" (Players Place II, 256 N.J. 472 (2024)).
- Must "engage in a good-faith, interactive dialogue" while the request is considered, as both sides are expected to. A landlord who simply stops responding is not following the framework the Court set out.
- A landlord may deny only on an individualised assessment. The test is "whether allowing an ESA would fundamentally alter the housing provider's operations or impose an undue financial or administrative burden" (Players Place II; DCR ESA fact sheet, point 4).
- May still apply a no-pets policy where the accommodation analysis does not support an exception. An ESA is not automatically admitted. DCR says "unlike service or guide animals, ESAs are not automatically exempt from a housing provider’s no-pet policies." The categorical no-pets override at N.J.A.C. 13:13-3.4(c) and the statutory fee exemption at N.J.S.A. 10:5-29.2 are for trained guide and service dogs.
- Where the disability or the need for the animal is not obvious or already known, a landlord may request reliable documentation from the tenant's treating health care professional, but "cannot require that your request be in writing or that you submit documentation in a specific format" (DCR ESA fact sheet, point 3).
- The deposit must come back within 30 days of the tenancy ending, itemised, with the tenant's share of interest; a wrongly withheld deposit is recoverable at double, with costs and possible fees (N.J.S.A. 46:8-21.1).
- May charge pet rent and pet fees to tenants generally, because no New Jersey statute caps or bans them for anyone. The protection for an assistance animal comes from N.J.A.C. 13:13-3.4(e) and from DCR guidance the Supreme Court adopted, not from a fee statute.
- Is outside the Law Against Discrimination when renting one unit in an owner-occupied two-family house, or a room in the owner’s own one-family home (N.J.S.A. 10:5-5(n)), unless the housing is publicly assisted, which includes any building financed by a federally insured or guaranteed loan (10:5-5(m)).

## How to get an ESA letter in Bayonne

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Bayonne. No diagnosis paperwork needed up front. (About 5 minutes: free)
2. **Connect with a licensed professional**, You are matched with a provider licensed for New Jersey clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation**, The professional evaluates whether an emotional support animal alleviates symptoms of a condition recognized in the DSM-5. Honest evaluations, not everyone qualifies. (Most of Our Applicants Qualify)
4. **Receive your signed letter**, Your letter arrives on the professional's letterhead with their license number: the documentation New Jersey landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord**, Submit the letter with a short reasonable-accommodation request. Pet fees, pet deposits, and breed limits no longer apply to your animal in Bayonne. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional evaluates whether an animal alleviates symptoms of a DSM-5-recognized condition, commonly:

- Generalized anxiety disorder
- Major depressive disorder
- Post-traumatic stress disorder (PTSD)
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Phobias with housing impact
- Chronic stress affecting daily function

## Housing help in Bayonne

- [Northeast New Jersey Legal Services (Bergen, Hudson, Passaic)](https://www.nnjls.org/) (legal aid)
- [NJ Division on Civil Rights, contact and regional offices](https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/division-on-civil-rights-about/contact-dcr/) (state agency)
- [HUD Office of Fair Housing and Equal Opportunity, contacts](https://www.hud.gov/contactus/fairhousing) (federal agency)
- [NJ DCA Division of Codes and Standards, landlord-tenant information](https://www.nj.gov/dca/codes/offices/) (government info)

## Frequently asked questions

### I rent the upstairs of a two-family and the owner lives downstairs. Does the LAD cover me?

Possibly not, but check before you accept that answer. N.J.S.A. 10:5-5(n) says that "except as to publicly assisted housing accommodations, the provisions of this act shall not apply to the rental: (1) of a single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence." Two conditions have to hold: exactly two units, and the owner living in the other one. And the exception is switched off for publicly assisted housing, which N.J.S.A. 10:5-5(m) defines to include housing financed by a loan "guaranteed or insured by the federal government or any agency thereof." Federally insured mortgages are common on small Bayonne properties.

### Does the security deposit law apply to my two-family rental?

Only if you switch it on. N.J.S.A. 46:8-26 says the Security Deposit Act applies to all rental premises used for dwelling purposes "except owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord invoking the provisions of this act." That is an opt-in, not an exclusion. Send the written notice and the protections come with it: the 1 1/2 months' cap in N.J.S.A. 46:8-21.2, the trust obligation in N.J.S.A. 46:8-19, and the double-damages remedy in N.J.S.A. 46:8-21.1 for a deposit wrongly withheld.

### My landlord owns a three-family and says small owners are exempt. Is that true?

No. The LAD's carve-out at N.J.S.A. 10:5-5(n) is drawn tightly: one flat in a two-family dwelling where the owner occupies the other unit, or rooms rented out by the owner-occupant of a one-family house. A three-unit building is not in it, whether or not the owner lives there, and neither is a two-family the owner has moved out of. There is no general small-landlord exemption in New Jersey housing discrimination law, and the accommodation duty in N.J.A.C. 13:13-3.4(f)(2) applies to a covered landlord regardless of how many units they own.

### Can my landlord add a pet deposit or monthly charge for my support animal?

Division on Civil Rights guidance says no: a provider "cannot require you to pay an additional security deposit or pet fee, or obtain additional renter's insurance, in exchange for allowing you to keep an ESA," though "your housing provider may require you to pay for any actual damage the animal causes." The Supreme Court adopted that guidance in Players Place II. Do not attribute the protection to N.J.S.A. 10:5-29.2. That section bans extra compensation and voids no-pets clauses only for a person with "a service or guide dog," both defined by training in N.J.S.A. 10:5-5.

### Where does a Bayonne tenant file if the landlord just says no?

With the state or with the federal government. New Jersey has no local administrative route: N.J.S.A. 10:5-10 allows a mayor to appoint a local civil rights commission but limits it to fostering "good will, cooperation and conciliation" and making recommendations, while N.J.S.A. 10:5-8(c) puts the power to "receive, investigate, and act upon complaints" in the state Division. HUD's fair housing partner roster lists the Division on Civil Rights for New Jersey and no locality. File at bias.njcivilrights.gov or call 1-833-NJDCR4U (833-653-2748); the nearest DCR regional office to Hudson County is in Newark, 973-648-2700. HUD's intake line is 1-800-669-9777.

### How long do I have to file?

New Jersey's window is short. N.J.S.A. 10:5-18 requires any complaint filed with the Division "or in any municipal office" to be filed "within 180 days after the alleged act of discrimination," and DCR's own intake screens for that. HUD's window is a year under 42 U.S.C. § 3610(a)(1)(A)(i), and N.J.S.A. 10:5-9.2 says the LAD is intended to let DCR "qualify as a 'certified agency' within the meaning of the Federal Fair Housing Amendments Act", so the federal door is a real second option for someone who is late. If DCR issues a finding of no probable cause, you have 45 days to appeal it to the Appellate Division.

### My landlord wants proof the animal is trained, or a certificate. Do I need either?

No. The New Jersey Supreme Court wrote in Players Place II that "[w]hether the animal has been trained is not a relevant consideration," quoting DCR's own explanation that ESAs "are not individually trained to perform specific tasks associated with their owner's disability." And DCR's fact sheet closes the other shortcut: "Documentation obtained from the Internet that does not come from a treating healthcare professional generally will not be sufficiently reliable to support the need for an ESA." What a landlord may ask for, where the disability and need are not obvious, is reliable documentation from your treating health care professional.

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Get evaluated by a licensed provider: https://my.supportanimal.com/qualify?sa_source=blog&sa_medium=blog&sa_campaign=esa-guides&sa_content=markdown&ref=blog&sa_term=new-jersey-emotional-support-animal%2Fbayonne