Top of the morning to our readers! We’ve got some great news for members and supporters of the Emotional Support and Service Animals community. The New Jersey Supreme Court (NJSC) passed a landmark judgment in the Luna case a few days ago, and it’s a definite must-read for all!
Unanimous Ruling From The NJSC Sets ESAs Apart From Pets And General Pet Policies
We first covered Luna the Labrador’s case, reaching the NJSC in one of our Nov 2023 newsletters. Here’s a brief recap before we discuss the Supreme Court’s ruling.
The condo complex where Luna’s owners lived had a strict policy against dogs over the 30-lbs mark. In 2018, the couple informed the board they were considering adopting an ESA for the wife’s battle with bipolar disorder, depression, and anxiety.
Records also show she did not favor smaller dog breeds because they’re generally more active and tend to ‘yap’ more. The couple ended up adopting Luna before the board replied to the email.
When the board eventually answered the query, it stated the condo couldn’t accommodate any disability involving a canine that had not been purchased or possessed. At this point, the board was unaware the couple had adopted Luna.
The matter eventually ended up going to court, resulting in a five-year legal battle.
A few days ago, the NJSC unanimously overruled a lower court’s decision, stating that the couple couldn’t sue the condo association on discrimination grounds. The court also ruled that ESAs are “different from pets and are not subject to general pet policies.”
But here’s what the ESA community is all abuzz about—the Supreme Court clarified that pet prohibitions at rental housing and condos didn’t apply to ESAs if the owner(s) show they have a disability. In such circumstances, the burden of proving the requested accommodation is unreasonable falls on housing providers.
However, whether Luna can stay with her owners indefinitely depends on the lower courts yet again. The NJSC has referred the case back to the state Law Division, which will now rule on it under the new rulings and framework provided by the Supreme Court.
CertaPet’s Thoughts on This Week’s News
We’re hoping the Law Division will rule in favor of Luna, considering the condo association’s expert agreed the wife had symptoms of mental health disorders. That means, under the SC’s ruling, pet prohibitions can’t apply in this case, as the association has accepted the wife’s disability.
Prairie Conlon, LPC, NCC of CertaPet states,
The recent New Jersey ruling on ESAs highlights the profound impact they have on enhancing the mental and emotional well-being of their owners. ESAs offer more than companionship; they provide a lifeline to those grappling with mental health issues, offering unconditional support that often becomes a crucial component in an individual’s therapy and healing process. This decision affirms the therapeutic benefits of ESAs, reinforcing their vital role in fostering mental health resilience and recovery.
If you’re living with a mental illness, getting an emotional support animal could really help your recovery. These loving animals could ease your symptoms and help you live a happier, fuller life. If you’re ready to start the process, take our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional, who will have a consultation with you. Then, if you qualify, you’ll get your ESA letter in no time.