Housing
 
Question:

We have feral cats in our parking garage of our condo complex (there is a tall fence around the perimeter of the parking lot, which the cats/kittens slip under to come eat). Our Board decided not to euthanize, but is in the process of having the group TNR one at a time. Some of the people in the building do not want the cats here and today one elderly woman dumped boiling water from her third floor balcony that landed where the cats were feeding. How can I let her know that she cannot do this? I am so worried that she will do something else like put poison out when the caregivers are not aware. Thanks for all of your help. -Amy

Answer:

It is so good to hear that your condo board has agreed to TNR. Cruelty to animals is against the law. That includes poisoning or otherwise needlessly injuring or killing an animal. Consider distributing fliers that state that cruelty to animals is a crime and persons violating this law will be prosecuted to the full extent of the law. Fliers educating people about the positive effects of TNR may also help. You may want to ask your condo if you could install security cameras. I don’t know the cost of this but if you do proceed with cameras, signs indicating that there is surveillance should help deter acts of cruelty.

 

Below is a pertinent part of New Jersey’s animal cruelty law:

 

N.J.S.A. 4:22-17.

Cruelty; disorderly persons offense

a. A person who shall:

(1) Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature;

(2) Cause or procure , by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done; or

(3) Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather ; or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature--

Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. A violator of this subsection shall also be subject to the provisions of subsection c. and, if appropriate, subsection d. of this section.

 

b. A person who shall purposely, knowingly, or recklessly:

(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature; or

(2) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done--

Shall be guilty of a crime of the fourth degree.

If the animal or creature is cruelly killed or dies as a result of a violation of this subsection, or the person has a prior conviction for a violation of this subsection, the person shall be guilty of a crime of the third degree.

 


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Question:

I just got a puppy to help with depression, but dogs are not allowed in my co-op. In just a week I am so much happier. Is there a way to find a doctor to write a letter supporting my need for a pet?

Answer:

You should ask a doctor who is treating you for depression to write such a letter for you. The letter should state that he/she has been treating you for depression and that the dog will help you with major life activities, enable you to better deal with your limitations, to more fully enjoy your dwelling unit, and improve your daily functioning. If the co-op does not give permission after receiving the letter, you can file a complaint with HUD or 800-669-9777. Consider hiring an attorney to assist you if your co-op is uncooperative.

 


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Question:

I own a condo apartment in queens. The rules only allow dogs that are grandfathered in or those who have gained permission from the board through letters from their doctors and legal representation. There are, however, many families with dogs living in the condo. I am 75 years old and have a letter from my internist recommending that I have a dog for emotional support. I have also been seeing a bereavement counselor who could also supply such a letter. I would like to adopt a small adult puppy mill rescue dog from North Shore Animal League America. What is my best course of action? How good are my chances of a successful outcome?

Answer:

Hopefully the letters from your doctor and bereavement counselor will convince the condo to give you permission to have a dog. If the condo does not give permission after receiving the letters, you can file a complaint with HUD, www.hud.gov/complaints/housediscrim.cfm or 800-669-9777. You may wish to hire an attorney to assist you if your condo is uncooperative. As I have mentioned in prior responses in the column, housing discrimination based on a person’s disability is illegal. The Fair Housing Act protects the right of people with disabilities, including emotional disabilities, to keep animals even if such person has a no-pet lease. Essentially, landlords must make reasonable accommodations in rules, policies, and practices to afford a disabled person with the opportunity to enjoy his/her dwelling. Often a letter from a physician or therapist stating that the tenant has a disability which limits a major life activity and that a support animal is needed for the tenant to use and enjoy the dwelling is sufficient. 

 


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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

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