TRENTON
– Attorney General Peter C. Harvey
and Division on Civil Rights Director
J. Frank Vespa-Papaleo announced today
that New Jersey has issued a Finding of
Probable Cause against the community association
at an Atlantic County condominium complex
for failing to accommodate the needs of
a blind resident endangered by a potentially
hazardous condition in the parking area.
Named as a Respondent in the Finding of
Probable Cause document is the Community
Association of Mays Landing. The Community
Association is accused of creating a danger
to blind resident Terrence Keith Black
earlier this year by failing to relocate
a parking space that, when occupied, allegedly
forced Black to deviate from his normal
walking path to his mailbox. The situation
allegedly hindered the ability of approaching
motorists to see Black, and placed him
in danger of being struck by a passing
car. According to his original Complaint,
Black informed the Community Association
in January 2005 that a walkway he used
to reach his mailbox each day was often
blocked by another condo owner’s
large truck, and the truck could have
been assigned a different parking space.
To accommodate his disability, Black asked
that the Community Association direct
the truck owner to park his vehicle in
a different space.
The Association allegedly responded that
it was not required to force another member
to move his or her vehicle from a designated
parking space. In addition, Director Vespa-Papaleo
noted, the Association allegedly refused
Black’s request that it consider
revising its parking rules to accommodate
his recognized disability. As a result,
the Director explained, probable cause
exists to credit Black’s allegations.
A Finding of Probable Cause means the
State has finished its investigation,
and has determined there is sufficient
evidence to support a reasonable suspicion
that the actions of The Woodlands Community
Association violated the New Jersey Law
Against Discrimination (LAD).
“This
alleged behavior demeans humanity by imposing
upon the blind unnecessary obstacles,”
said Attorney General Harvey. “Condominium
associations and others who offer housing
must reasonably accommodate people with
visual limitations and physical disabilities.”
“In this case, the denial of a reasonable
accommodation is dangerous to Mr. Black’s
safety,” Harvey added.
Director Vespa-Papaleo explained that
the matter at issue “was investigated
by our Housing Unit, which has been successful
in the fight against discrimination in
housing, especially for individuals with
disabilities.”
“New
Jersey law is clear that condominium associations
and owners of rental property must reasonably
accommodate tenants and owners who are
legally blind and attempting to use common
areas of a dwelling or condominium property,”
said Vespa-Papaleo.
In the wake of the Finding of Probable
Cause, the case is now in a phase known
as Conciliation. Conciliation is a statutorily-required
last settlement process. Should Conciliation
not resolve the matter, the case will
be referred to a state Administrative
Law Judge.
The New Jersey LAD prohibits discrimination
in housing, employment and public accommodations.
If found to have unlawfully denied Mr.
Black a reasonable accommodation on the
basis of his disability, the respondent
could be required to pay up to $10,000
in penalties, submit to training, revise
policies and pay the Complainant for compensatory
and pain/humiliation damages.
The Division on Civil Rights within the
Attorney General’s Office is responsible
for enforcing the LAD and the Family Leave
Act. Specifically, the Division investigates
allegations of discrimination in employment,
housing, places of public accommodation
and credit. Its offices are located in
Atlantic City, Camden, Jersey City, Newark,
Paterson, and Trenton. Further information
about the Division is available on its
Web site www.NJCivilRights.org.
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