Court Allows Owner to Retain Pet in Violation of Association’s Pet Policy Based on “Equitable Grounds”

This case involved a dispute between a condominium association (“Association”) and a condominium owner, and his girlfriend (jointly “Owners”), over their right retain a dog in violation of Association’s pet policy that limited the size of residents’ pets to 30 pounds or less at maturity. The dog in question weighed 70 pounds and Owners sought to retain it by seeking an accommodation from Association’s policy because the dog was an emotional support animal required due to a disability. Association filed suit against Owners to restrain them from keeping the 70-pound dog in violation of the pet policy. In defense of the action, Owners filed a counterclaim alleging Association violated the federal Fair Housing Act (“FHA”) and New Jersey fair housing laws.

The trial court judgment was to permit Owners to keep the dog based on “equitable principals,” notwithstanding findings by the court that Owners had violated Association’s pet policy, and there was no handicap or disability to justify an accommodation or classifying the dog as an emotional support animal under the FHA or New Jersey fair housing laws. The trial court’s judgment further provided that: (i) it only applied to the pet in question; (ii) it would not apply to a substitute pet or an additional pet; and (iii):