Department of Human Services | Ask the I & R Specialists

NJ Flood Assistance Information

Below are examples of typical questions which come to DDS Information and Referral Specialists, and the answers to those questions at the time. Most of this information stays the same over the years; but for specific, time-related questions, call the DDS information line: 1-888-285-3036.

Abilities Expo
ADA Accessibility - "Grandfathered"??
Airport Security and People with Disabilities...
Disclosure of a Disability to Prospective Employer
Handicapped Parking - Child with Autism
Handicapped Parking - Paying the Parking Meter...
Handicapped Parking and Snow...
Housing Discrimination - Condominium Bylaws
Housing Discrimination - due to Low Credit Score?
Housing Discrimination - Landlord Requirements
Low Cost Car Insurance...
Service dogs - How do they assist?
Tax Assistance for People with Disabilities...
Toys for Children with Special Needs...
Uninsured - Needing Dental Services...

Abilities Expo
An acquaintance of mine suggested that I might be interested in attending something called the “Abilities Expo” – what is that?

The Abilities Expo is the largest annual disability event in the state. It is held in the middle of April each year for three days at the New Jersey Convention and Exposition Center in Edison, giving consumers, families, and professionals in the disability field an opportunity to visit hundreds of booths featuring a wide variety of products, services, and workshops.

The Division of Disability Services has a booth there every year, and we always like to encourage our callers to attend. For more information, check out www.abilitiesexpo.com – and our office always has a supply of complimentary tickets to get you in free and save you the $5.00 price of admission, so feel free to call us to request as many as you need.
ADA Accessibility - "Grandfathered"??
I have a mobility impairment and use crutches, and I am unable to climb stairs. I recently went to a restaurant with some friends and the entrance had no ramp, forcing us to go elsewhere for dinner. When we complained to the manager about this problem, he said that because theirs was an older building, they were “grandfathered in” and were not subject to the accessibility requirements of Americans with Disabilities Act. Is this true?

This is a common response from businesses to a common complaint. Let me clarify a couple of things. No building is “grandfathered in” and exempt from Americans with Disability Act (ADA) requirements because of its age. There are, however, other reasons why a place of public accommodation might not be required to make the modifications necessary to provide access to patrons with disabilities.

Both the ADA and the New Jersey Barrier-Free Subcode stipulate that a building which was constructed prior to the passage of the ADA must be modified unless the business can demonstrate that the necessary modifications would result in an exceptional financial burden or that making these modifications would structurally destabilize the building or could not possibly be constructed to code within the available space. Exceptions are also legally allowed for buildings which have been designated as historical landmarks, thus protecting them from alteration.

Unfortunately, some business owners use minimal knowledge of the law to assume that their older buildings need not be modified because their construction predates the ADA. If you encounter a business which is not accessible, I would encourage you to make a complaint to the Office of Regulatory Affairs. This Office, under the New Jersey Division of Codes and Standards, is responsible for enforcement of the Barrier-Free Subcode, and they can be reached at (609) 984-7672. They have the authority to investigate and to make an official determination as to whether the property manager should be required to make modifications to make the building accessible.
Airport Security and People with Disabilities...
I haven’t been on an airplane in several years, and since then I have begun to use a prosthetic limb. I’m going to be flying soon, and I’m concerned about what to expect and what my rights are when going through security.

Of course all airplane travelers, both with and without disabilities, must go through security screenings. By federal law, security screeners can require you to go through metal detection, but they cannot separate a passenger with a disability from his or her mobility device (wheelchair, walker, cane, prosthesis, etc…) or service animal during the procedure. If passing through the gate presents a logistical problem, the staff may instead use a hand-held wand. Security personnel do have a right to thoroughly inspect mobility devices, medical equipment, and any apparatus worn by a service animal, but any traveler has a right to request that such an inspection be done in a private area, out of view of other passengers, and by security staff of one’s own sex.

If at any time during your screening you feel that you are being treated inappropriately, you may request that a Complaints Resolution Officer (CRO) be brought to the scene to resolve the dispute. The Air Carriers Access Act, which is a federal law requiring airlines to accommodate the needs of passengers with disabilities, mandates that a CRO be immediately available to mediate between airlines and passengers with disabilities.

For detailed information on traveling by air, check out the information for passengers with disabilities at the websites of the Federal Aviation Administration (www.faa.gov) and the Transportation Security Administration (www.tsa.gov).
Disclosure of a Disability to Prospective Employer
I have a psychiatric diagnosis and am currently taking medication and undergoing therapy. Right now I’m looking for a job and setting up job interviews. What, if anything, should I disclose to a prospective employer?

The Americans with Disabilities Act does not require an individual with a disability to self-disclose during a job interview process. If an applicant with any kind of disability meets all of the legitimate requirements for a position and can perform all of the essential functions of the job with or without the provision of a “reasonable accommodation”, then discussion of the disability need not come into the interview. If you will be able fully handle the position’s responsibilities if an employer provides a reasonable accommodation, then you should request that accommodation in writing once you are hired.

Be aware, however, that the ADA specifically protects “qualified individuals with disabilities,” and no law requires an employer to hire anyone, with or without a disability, who cannot do the job as it is described in the job description. Anyone interviewing for a position has a responsibility to be honest when describing his or her abilities and qualifications, and as an individual with a disability you are not protected by the law if you are hired but failed to disclose information with would have legitimately disqualified you from the job. “Discrimination” is the failure – for reasons of prejudice - to hire the most qualified applicant for the job, not failure to hire a non-qualified applicant.

If you feel have more specific questions, or if you feel that you have experienced discrimination during a hiring process, I urge to contact the Equal Employment Opportunities Commission (EEOC) at 800-669-4900 or www.eeoc.gov. The EEOC is the federal government agency which is responsible for interpreting and enforcing civil rights laws in the workplace.
Handicapped Parking - Child with Autism
My child has autism, and one of my concerns is that he sometimes tries to run when I open the car door. Do we qualify for a handicap license plate so that I can park close to entrances in public places?

Unfortunately, the State of New Jersey will not issue handicap license plates based exclusively on behaviors like running away when a car door is opened. The state requires that an individual must have one or more of the following circumstances in order to make application for handicap parking: severe or permanent disability causing difficulty walking without assistive apparatus, respiratory difficulty falling within specific guidelines, cardiac condition causing specific functional limitations, disability resulting in the inability to walk two hundred feet without resting, and sight impairment of both eyes, as certified by the NJ Commission for the Blind.
Handicapped Parking - Paying the Parking Meter...
Is it true that as long as I have handicap plates or a placard for my car, I can park in a metered space without putting any money in the meter?

The truth is that you are required to “feed” a parking meter when parking with a handicap parking placard or plates. New Jersey State Law specifies that upon leaving one’s car in a metered spot, an individual is to pay the maximum time allotment on that meter one time. Further, you must pay the maximum time allotment on that meter following any twenty-four hour period your car remains in that spot. In other words, if you keep your car in the same spot, after twenty-four hours you will need to put money in the meter again.
Handicapped Parking and Snow...
I am a driver with a disability who has a handicap placard for parking. I’m often frustrated in the winter, when I try to go out shopping, to find that snow which has been cleared from the parking lot has been piled into the handicapped parking spaces. This doesn’t seem fair – are businesses allowed to do this?

Absolutely not. The New Jersey Snow Removal Act (C.394:4-207.9) requires the removal of snow and ice from handicapped parking spaces within 48 hours of the time that the weather clears. Non-compliance with this law can result in a fine of $200 to $500.

If you are faced with a situation like this again, your first course of action should be to politely bring the problem to the attention of the manager of the business. Often the pile of show ends up where it shouldn’t be simply because of ignorance of the law and because no one was thinking about the inconvenience that was being created, and when confronted, a manager will be glad to correct the mistake. But if management seems uninterested in having the snow cleared or if the problem recurs at this location, you may file a complaint with the NJ Division on Civil Rights at (609) 292-4605 or TDD (609) 292-1785.
Housing Discrimination - Condominium Bylaws
I have a mobility impairment and I live in a condominium complex. Some of the bylaws seem discriminatory or at least very inconvenient for a person with a disability. What are my rights in this situation?

A condo association certainly has the right to develop a set of bylaws which facilitate the smooth operation of the complex and maintain an acceptable quality of life. However, any bylaw which conflicts with a state or federal law is probably legally invalid. For example, the association may set rules for the color that a resident must use to paint a porch, but they may not ban ramps at entrances when there is sufficient space to install them in accordance with building codes because they are “unsightly.”

Your rights as a renter or buyer with a disability are protected by the federal Fair Housing Act. You may want to get more information by going to website of the Department of Housing and Urban Development (HUD) at www.hud.gov/offices/fheo/abouthfeo/fhhubs.cfm or by calling the regional HUD Fair Housing Office at (800) 496-4294.
Housing Discrimination - due to Low Credit Score?
I am collecting Social Security Disability benefits, and am attempting to rent an apartment. I had some financial difficulties while I was waiting for my disability determination, and now I have a less than perfect credit score, which has caused a couple of apartment complexes to turn me down. Since I have a disability, doesn’t this constitute discrimination?

Actually, property managers do have a legal right to accept or reject an applicant based on financial criteria. Remember that the rental offices are turning you down based on your credit score, not your disability, so they are not engaged in discriminatory behavior. Unfortunately, many individuals with disabilities are in a similar situation.

My first suggestion would be to try to discuss the reason for your credit score with the person from whom you are attempting to rent an apartment. If your credit up to the onset of your disability was good, and you’ve begun to get back on track since you’ve started collecting benefits, it’s possible that if they understand the reason for your current credit score then they might be open to being a bit more lenient.

But I also strongly encourage you to contact one of the several non-profit consumer credit counseling agencies which serve New Jersey residents. A consumer credit counselor can examine your credit report to determine what is negatively affecting your credit score, and can then help you to develop and implement a plan within your budget to work through your debts and improve your overall rating.
Housing Discrimination - Landlord Requirements
Now that I’m using a scooter, my landlord is refusing to pay to put a ramp on my porch. Isn’t he required under the ADA to do this?

Actually, the law which applies to your situation is the Fair Housing Act. What this federal law states specifically is that while a landlord is not required to make modifications to a rental property, he or she is required to allow a tenant with a disability to modify the property at the tenant’s own expense. The landlord may also require you to restore the property to its original state when you vacate. The refusal of a landlord to make and/or pay for modifications does not constitute discrimination, but it is discriminatory to refuse to allow a tenant to make reasonable and appropriate modifications. If you’d like to read up on the Fair Housing Act, the entire text of this law is available at the US Department of Justice website at www.usdoj.gov/crt/housing/title8.htm.
Low Cost Car Insurance...
I’m having a hard time affording my car insurance. I’m on Medicaid, and I’ve heard that there’s some sort of low-cost insurance available to me. Do you know anything about that?

You’re referring to New Jersey’s “Dollar-A-Day Auto Insurance”, a program which helps make car insurance affordable to drivers who might go uninsured because of limited financial resources. It is available specifically to New Jersey residents who are enrolled in Medicaid with hospitalization, and the cost is $365 per year, payable in one or two installments. To apply, call 800-652-2471.
Service dogs - How do they assist?
Since my spinal cord injury, it’s been suggested to me that I could benefit from having a service dog. How can a service dog assist me, and where would I obtain one?

A service dog is a dog that is trained to assist individuals with disabilities with tasks that they may be unable to perform independently. Examples may include picking items up off the floor or pulling a wheelchair. It is important to understand that service animals are working animals and by federal law are permitted in places where pets would not be allowed.

In order to find out information about obtaining a service dog, there are organizations that we can recommend. Canine Companions for Independence, Canine Partners for Life, and the Delta Society all programs that train and provide service dogs. Canine Companions for Independence is located in Farmingdale, NY and can be contacted by calling (800) 572-2275. Canine Partners for Life, in Cochranville, PA can be contacted by calling (610) 869-4902 and the Delta Society, Bellevue, WA, can be reached at (425) 226-7357.
Tax Assistance for People with Disabilities...
I have a disability and I have questions about doing my federal tax returns. Can you assist with tax advice?

While the Division of Disability Services is not qualified to answer tax questions, what we can do is refer callers to the Internal Revenue Service’s customer service hotline at 800-829-1040 or to their TDD line at 800-829-4059 to get information from an IRS customer service representative.

You may also want to visit the IRS website at www.irs.gov for advice or to request publications. Publication 17 provides general information on filling out tax returns. Persons with disabilities may also find that Publication 524 (Credit for the Elderly and Disabled), Publication 502 (Medical and Dental Expenses, and Publication 907 (Tax Highlights for Persons with Disabilities) will contain information of particular relevance to their circumstances.

Additionally, your local Independent Living Center may be able to direct you to a local tax clinic which can provide you with one-on-one assistance.
Toys for Children with Special Needs...
My child has cerebral palsy – where can I buy toys for him that are adapted to his special needs?

When buying toys for a child with a disability, it is best to first make an assessment of the child’s condition to determine what items may be appropriate, or contrastingly, inappropriate for that individual. Some examples of unfit toys may be objects with flashing lights for a child with a seizure disorder or items that are difficult to hold or maneuver for someone with Cerebral Palsy.

Many toy manufacturers have special product lines that accommodate children with special needs. Furthermore, internet websites, mailing catalogues, and some sections in stores supply, list, and describe toys that are made for children with special needs. The Wisconsin First Step list posted on the NAS.com Down Syndrome website, http://www.nas.com/downsyn/toy.html, has a number of resources for special needs toy retailers. Also, www.specialneedstoys.com has a comprehensive list of disability toys.

And you might want to check out The University of Nebraska Lincoln/Center on Children, Families, and the Law website at http://nncf.unl.edu/common/toys.html.

Toys‘R’Us, as well as other retailers, also carry special needs toys in their stores, or may have catalogues available upon request.
Uninsured - Needing Dental Services...
I am uninsured because I do not qualify for any type of medical coverage. However, I have a toothache, and am in need of treatment. Is there any way that I can get help?

There are a couple of programs which can assist low-income individuals who need dental care but do not have insurance or the means to pay privately. The clinic of the dental school of The University of Medicine and Dentistry of New Jersey (UMDNJ) can be reached at (973) 972-4536. You can also contact the Foundation of Dentistry for Persons with Disabilities’ Donated Dental Services. Residents of the northern counties of New Jersey should call (888) 955-0055 to inquire about assistance, and the number to call in the southern half of the state is (800) 829-4619.