Updated: Nov. 06, 2023, 4:32 p.m.|
Published: Nov. 06, 2023, 2:52 p.m.
A fight over Luna the Labrador mix has risen all the way to the New Jersey Supreme Court.
By S.P. Sullivan | NJ Advance Media for NJ.com
New Jersey's highest court heard oral arguments Monday in a fight over a Labrador mix named Luna that could reshape the rules for emotional support animals in the state.
The Supreme Court is weighing the fate of the 70-pound shelter pup adopted as an emotional support dog by a couple living at a condo complex that forbade large canines during a hearing at the state justice complex in Trenton.
The justices are weighing whether the local condo board was obligated to waive the ban on large dogs as a "reasonable accommodation" under New Jersey's Law Against Discrimination and, if not, what happens to Luna.
While the case concerns the fate of one dog, it could answer murky legal questions over the legal protections given to emotional support animals and their owners.
It could have far-reaching implications in the push-and-pull between private housing providers and their residents when their bylaws conflict with disability rights.
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"All you have to do is pick up a newspaper to see the breadth of the mental health crisis in this country," said Talbot B. Kramer, an attorney for Luna's owners, urging the justices to limit "the hoops they have to jump through" to obtain a support animal.
The dog's owners, then dating and since married, are identified in court papers only by their initials because the case involves the wife's history of anxiety, depression and bipolar disorder, conditions for which she sought an emotional support animal. They argue Luna improved those conditions and should be allowed to stay.
The couple resided at Player's Place II, a condo complex located near a golf course in Camden County with a "strict" policy against dogs over 30 pounds. An attorney for Player's Place II, David J. Byrne, told the justices the couple "lied to the association" about how they came to adopt Luna and only sought medical justification for the adoption after the fact.
Emotional support animals, which receive no specialized training, are different than service animals, which have skills like assisting the blind. The law treats emotional support animals differently than pets, but the line between the two is blurry.
As Justice Michael Noriega put it: "There isn't a store that you can go to, to get an emotional support animal."
New Jersey and federal laws offer protections for emotional support animals and their owners. But when it comes to rental properties and condos, the rights of a support dog and her owners can conflict with those of the landlord or property manager.
In Luna's case, the husband notified the board the couple was "considering adopting an emotional support dog" over the weight limit in a 2018 email. He asked about an exemption and what medical information might be required. Before the board replied, the couple adopted Luna from a local shelter.
Unaware the pair had already adopted the dog, the board told the husband they "cannot accommodate any alleged disability" involving a dog "that has not yet been purchased or possessed." The couple later provided letters from medical professionals supporting their efforts to obtain a support animal.
The exchange kicked off a dispute that wended its way through New Jersey's court system over five years, landing before the state's highest court Monday.
All of the parties conceded there was "no evidence to suggest the dog was a nuisance" — legalese that means Luna is a very good girl who does not bark or bite.
But Byrne, the condo board attorney, said the bar for what constitutes a "reasonable accommodation" should be higher than "you get to have a dog if you say it makes you feel better."
"The condominium does allow dogs," he said. "They just don't allow dogs that are more than 30 pounds."
The state Attorney General's Office, which intervened in the case in favor of Luna and her owners, asked the justices to issue "explicit guidance to housing providers" to clear things up.
www.nj.com
Published: Nov. 06, 2023, 2:52 p.m.
A fight over Luna the Labrador mix has risen all the way to the New Jersey Supreme Court.
By S.P. Sullivan | NJ Advance Media for NJ.com
New Jersey's highest court heard oral arguments Monday in a fight over a Labrador mix named Luna that could reshape the rules for emotional support animals in the state.
The Supreme Court is weighing the fate of the 70-pound shelter pup adopted as an emotional support dog by a couple living at a condo complex that forbade large canines during a hearing at the state justice complex in Trenton.
The justices are weighing whether the local condo board was obligated to waive the ban on large dogs as a "reasonable accommodation" under New Jersey's Law Against Discrimination and, if not, what happens to Luna.
While the case concerns the fate of one dog, it could answer murky legal questions over the legal protections given to emotional support animals and their owners.
It could have far-reaching implications in the push-and-pull between private housing providers and their residents when their bylaws conflict with disability rights.
8
"All you have to do is pick up a newspaper to see the breadth of the mental health crisis in this country," said Talbot B. Kramer, an attorney for Luna's owners, urging the justices to limit "the hoops they have to jump through" to obtain a support animal.
The dog's owners, then dating and since married, are identified in court papers only by their initials because the case involves the wife's history of anxiety, depression and bipolar disorder, conditions for which she sought an emotional support animal. They argue Luna improved those conditions and should be allowed to stay.
The couple resided at Player's Place II, a condo complex located near a golf course in Camden County with a "strict" policy against dogs over 30 pounds. An attorney for Player's Place II, David J. Byrne, told the justices the couple "lied to the association" about how they came to adopt Luna and only sought medical justification for the adoption after the fact.
Emotional support animals, which receive no specialized training, are different than service animals, which have skills like assisting the blind. The law treats emotional support animals differently than pets, but the line between the two is blurry.
As Justice Michael Noriega put it: "There isn't a store that you can go to, to get an emotional support animal."
New Jersey and federal laws offer protections for emotional support animals and their owners. But when it comes to rental properties and condos, the rights of a support dog and her owners can conflict with those of the landlord or property manager.
In Luna's case, the husband notified the board the couple was "considering adopting an emotional support dog" over the weight limit in a 2018 email. He asked about an exemption and what medical information might be required. Before the board replied, the couple adopted Luna from a local shelter.
Unaware the pair had already adopted the dog, the board told the husband they "cannot accommodate any alleged disability" involving a dog "that has not yet been purchased or possessed." The couple later provided letters from medical professionals supporting their efforts to obtain a support animal.
The exchange kicked off a dispute that wended its way through New Jersey's court system over five years, landing before the state's highest court Monday.
All of the parties conceded there was "no evidence to suggest the dog was a nuisance" — legalese that means Luna is a very good girl who does not bark or bite.
But Byrne, the condo board attorney, said the bar for what constitutes a "reasonable accommodation" should be higher than "you get to have a dog if you say it makes you feel better."
"The condominium does allow dogs," he said. "They just don't allow dogs that are more than 30 pounds."
The state Attorney General's Office, which intervened in the case in favor of Luna and her owners, asked the justices to issue "explicit guidance to housing providers" to clear things up.
Emotional support dog banned from condo gets her day at N.J. Supreme Court
The Supreme Court heard the case of the 70-pound shelter pup adopted as an emotional support dog by residents of a complex that bans large dogs.
www.nj.com
