# ESA Letter in Brick, NJ: Senior Housing, Boards and Landlords

> Brick township rents at 17.8 percent. How New Jersey's senior housing pet law, the LAD and one 2024 Supreme Court case fit together for an ESA letter request.

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

## Key facts

- Population: 76,629
- Households renting: 17.8%
- Typical pet deposit (as a pet): Capped: 1.5 months' rent
- Typical pet rent (as a pet): Varies by building
- Breed/weight limits common: yes
- Pet fees, deposits, and breed limits with a valid ESA letter: none (FHA reasonable accommodation)

## New Jersey has a pet law that has nothing to do with disability

Start here, because it trips up a lot of people in a township like this one.

A separate chapter of New Jersey law, N.J.S.A. 2A:42-103 through 2A:42-109,
deals with pets in senior citizen housing. Section 2A:42-104 is short: "Any
senior citizen residing in a senior citizen housing project shall, upon
providing written notice to the landlord, be permitted to own, harbor or care
for a domesticated animal while a resident of that project."

Notice what that turns on. Age and building type, not disability, not a
diagnosis, not an animal's role in your treatment. The definitions section
reaches rental projects and planned real estate developments alike, including
condominiums, homeowners' associations and cooperatives. Section 2A:42-107
lists what can still cost a resident the animal: code violations, failing to
care for it, failing to leash or control it, failing to clean up after it.

If you qualify under that chapter, it is a genuine and separate route. It is
not the emotional support animal route, and the chapter itself says so. Its
saving clause, N.J.S.A. 2A:42-109, reads: "Nothing in this act shall impair
the rights of a person with disabilities to own, harbor or care for a
domesticated animal, including guide dogs and service dogs, in accordance with
the 'Law Against Discrimination.'"

In other words, the senior-housing chapter steps aside for the LAD. It does
not replace it, and it does not limit it.

## A township where renting is the exception

Brick township has 30,289 occupied homes on the 2020–2024 American Community
Survey five-year estimate. 5,379 of those are rented, which is 17.8 percent.
The 2024 population estimate is 76,629.

Neighbouring Toms River sits a tenth of a point away at 17.9 percent. New
Jersey as a whole rents at 36.2 percent, so both townships run at roughly half
the state rate.

Something easy to overlook follows from that. The state is carved into 564
separate municipalities, and every renter household in the twenty biggest of
them adds up to just 34.9 percent of the New Jersey total. Most tenants in
this state live somewhere small. With so few rented homes spread across a
township this size, the reply to your request will often come from an
individual owner or a volunteer board rather than a company with a policy
manual, which changes the tone, the timeline, and the chance of a wrong
answer given in complete good faith.

## Where the accommodation duty actually comes from

It does not come from the section of the Law Against Discrimination that most
searches surface. N.J.S.A. 10:5-12(g)(2) bars discrimination because of
disability "in the terms, conditions, or privileges of the sale, rental, or
lease of any real property," and stops there. No duty to make an exception
appears in it.

A Division on Civil Rights regulation supplies it. Under N.J.A.C.
13:13-3.4(f)(2) it is unlawful to "[r]efuse to make reasonable accommodations
in rules, policies, practices or services, or reasonable structural
modifications, when such accommodations or modifications may be necessary to
afford a person with a disability equal opportunity to use and enjoy a
dwelling, including public and common areas." Renewed on 13 October 2025, the
chapter now runs until 13 October 2032.

In *Players Place II Condominium Ass'n, Inc. v. K.P.*, 256 N.J. 472 (2024),
decided 13 March 2024, a unanimous New Jersey Supreme Court held that
emotional support animal requests are assessed under that subsection. A
resident has to establish a disability, then show the animal "may be necessary
to afford them an 'equal opportunity to use and enjoy a dwelling.'" At that
point, in the Court's words, "[h]ousing providers then have the burden to
prove the requested accommodation is unreasonable," and "both sides should
engage in a good-faith, interactive dialogue."

The case reached the Court because a condominium association tried to enforce
a weight cap on pets. If the rule standing between you and your animal was
written by a board, that is about as close to on-point as case law gets.

## Training does not matter. Internet paperwork does not help.

Two sentences do most of the work here, and they come from different places.

The Supreme Court: "Whether the animal has been trained is not a relevant
consideration."

The Division on Civil Rights, in its published ESA housing fact sheet:
"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."

Put them together and the picture is unusually clear for this area of law. No
obedience course is required of the animal. No purchased certificate does
anything for you. What a provider may reasonably ask for, if your need is not
obvious, is "reliable documentation from your treating health care
professional", and the same guidance says the provider "cannot require that
your request be in writing or that you submit documentation in a specific
format."

Be straight about the limit too. The Division writes that "unlike service or
guide animals, ESAs are not automatically exempt from a housing provider's
no-pet policies." The test is individualised: whether the animal would
fundamentally alter the provider's operations or impose an undue financial or
administrative burden.

## Deposits, fees, and a caveat for two-family houses

The Division's guidance says a provider "cannot require you to pay an
additional security deposit or pet fee, or obtain additional renter's
insurance" for an ESA, though you remain responsible for damage the animal
actually causes. Those words carry weight because the Supreme Court agreed
with them in 2024, not because they went through rulemaking. And the fee
clause inside the LAD itself, N.J.S.A. 10:5-29.2, stops at service and guide
dogs, which makes it the wrong citation to reach for.

On the ordinary deposit, N.J.S.A. 46:8-21.2 is flat: an owner "may not require
more than a sum equal to 1 1/2 times 1 month's rental." Any yearly top-up is
capped at 10 percent of the current deposit.

There is a catch worth knowing. N.J.S.A. 46:8-26 carves owner-occupied
buildings of no more than two units out of the Security Deposit Act
altogether, and the way back in is a written notice from the tenant given 30
days ahead. Renting one half of a two-family house is a very common New Jersey
arrangement, and without that notice the deposit rules above simply do not
reach the tenancy.

## Filing, and how long you have

Nothing at municipal or county level in this state decides a housing
discrimination complaint. Where the Law Against Discrimination touches local
commissions at all, in N.J.S.A. 10:5-10, it lets them foster "good will,
cooperation and conciliation" and recommend policies, and stops. When HUD
publishes the agencies it certifies to take fair housing charges, New Jersey's
line holds one name, the state Division.

Start at bias.njcivilrights.gov, the Division's NJBIAS system, or ring
1-833-NJDCR4U (833-653-2748) and ask a receptionist to complete the intake
form with you. For Brick the closest of DCR's four offices is the central one,
at 140 East Front Street in Trenton, 609-292-4605. N.J.S.A. 10:5-18 sets the
window: a complaint "must be so filed within 180 days after the alleged act of
discrimination."

HUD is the other door, and it is open longer. A federal complaint may be
brought "not later than one year after an alleged discriminatory housing
practice has occurred or terminated." The bridge between the two systems is a
New Jersey provision: N.J.S.A. 10:5-9.2, which exists so the Division counts
as a "certified agency" in the federal scheme. Six months of silence from a
landlord can eat the state deadline without touching the federal one.

South Jersey Legal Services covers Ocean County from its Toms River office at
215 Main Street, 732-608-7794, with intake on 1-800-496-4570. For general
landlord-tenant questions rather than discrimination, the Department of
Community Affairs runs a Bureau of Homeowner Protection on 609-984-7905.

## What Brick 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 Brick

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Brick. 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 Brick. (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 Brick

- [NJ Division on Civil Rights, file a complaint (NJBIAS portal)](https://bias.njcivilrights.gov/en-US/) (state agency)
- [South Jersey Legal Services, Ocean County office and intake](https://sjlslaw.org/sjls-offices/) (legal aid)
- [NJ DCA Division of Codes and Standards, Bureau of Homeowner Protection](https://www.nj.gov/dca/codes/offices/) (state agency)
- [HUD, report housing discrimination](https://www.hud.gov/reporthousingdiscrimination) (federal agency)

## Frequently asked questions

### I live in a senior community in Brick. Does New Jersey's senior housing pet law cover my emotional support animal?

It may cover your animal, but it is a different right and it is worth keeping the two apart. N.J.S.A. 2A:42-104 says any senior citizen residing in a senior citizen housing project "shall, upon providing written notice to the landlord, be permitted to own, harbor or care for a domesticated animal." That depends on your age and the type of project, not on any disability. The accommodation route under the Law Against Discrimination is separate, and N.J.S.A. 2A:42-109 makes clear the senior housing chapter does not impair it: "Nothing in this act shall impair the rights of a person with disabilities to own, harbor or care for a domesticated animal … in accordance with the 'Law Against Discrimination.'"

### Can the senior housing chapter still cost me the animal?

It sets conditions, yes. N.J.S.A. 2A:42-107 lets a landlord refuse to renew a lease or require removal of the animal where keeping it violates building, health or use codes; where the resident fails to properly care for the animal; where the resident fails to control it with a leash or other safety device or to clean up after it; or where waste is not confined away from entrances and common areas. Those are ordinary conduct rules. They are also the sort of specific, animal-conduct issue that matters under the Law Against Discrimination route too, since the balancing test looks at real burdens rather than assumptions.

### My landlord lives upstairs in a two-family house. Do the security deposit rules still apply?

Only if you ask. N.J.S.A. 46:8-26 provides that the Security Deposit Act does not apply to an owner-occupied building of two or fewer units unless the tenant gives 30 days' written notice invoking it. In a township where a rented half of a two-family house is a common arrangement, that notice is the step that turns the protection on: including the cap in N.J.S.A. 46:8-21.2, which says an owner "may not require more than a sum equal to 1 1/2 times 1 month's rental." The accommodation duty for your animal is unaffected either way; it comes from a different body of law.

### The lease says no pets. Is that the end of it?

No, but it is not automatically nothing either. The Division on Civil Rights puts it plainly: a provider "may need to make an exception to a 'no pets' policy to permit a tenant with a disability to keep an emotional support animal (ESA). But unlike service or guide animals, ESAs are not automatically exempt from a housing provider's no-pet policies." What you get is an individualised assessment. Under Players Place II Condominium Ass'n, Inc. v. K.P., 256 N.J. 472 (2024), once you show a disability and a need, the provider carries the burden of proving the accommodation unreasonable.

### Does my dog's breed or size matter in Brick?

Not as a trump card. The Supreme Court's 2024 decision arose from a condominium association's thirty-pound weight cap, and the Court still applied the accommodation framework: the test is whether allowing the animal would "fundamentally alter" the provider's operations or impose an "undue financial or administrative burden," not whether it fits the pet policy. The Court also said, in terms, that "[w]hether the animal has been trained is not a relevant consideration." Specific conduct by a specific animal is a fair subject. Breed reputation is not the question the law asks.

### What paperwork can a Brick landlord ask me for?

Reliable documentation from the professional who treats you, if your disability or your need for the animal is not obvious. The Division on Civil Rights says a provider "may request reliable documentation from your treating health care professional" and that the provider "cannot require that your request be in writing or that you submit documentation in a specific format." The same guidance is blunt about the shortcut many people buy: 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."

### Is there anywhere local to complain, and how long do I have?

No. New Jersey has no municipal or county body with power to decide a housing discrimination complaint, N.J.S.A. 10:5-10 limits local commissions to fostering "good will, cooperation and conciliation" and making recommendations, and HUD's certified fair housing agency roster lists only the state Division on Civil Rights for New Jersey. File at bias.njcivilrights.gov or on 1-833-NJDCR4U (833-653-2748); the nearest office is DCR's Central Regional Office in Trenton, 609-292-4605. N.J.S.A. 10:5-18 gives 180 days. HUD gives one year from the practice, so the federal door stays open longer than the state one.

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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%2Fbrick