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TRENTON
– The Division on Civil Rights announced
today it has issued a Finding of Probable
Cause against a Monmouth County homeowners
association for allegedly refusing a disabled
resident permission to own a medically-prescribed
service dog.
Named
as Respondent in the Finding of Probable
Cause is the Moors Landing Homeowners Association
of Howell, Monmouth County. The association
is accused of discriminating against townhouse
resident Laura Beckenstein by refusing her
permission to have a service dog, despite
her doctor’s certification that it
would aid with her disability. Beckenstein
suffers from seizures and has been diagnosed
as having epilepsy. The homeowners association
is accused of granting permission for Beckenstein
to have a service dog in 2007, then questioning
her disability and ultimately reneging on
its permission in August 2009 -- more than
two years after she acquired the dog. (Association
rules provide for only “indoor pets”
in townhouses including fish, birds, declawed
cats and gerbils.)
“This
case raises serious concerns, because it
suggests a lack of regard for the medically-testified-to
needs of this resident. It also indicates
a placing of ‘resident association
rule’ above the law,” said Division
Director Chinh Q. Le. “As homeowners
associations throughout our state should
already know, the law makes specific provisions
for those who suffer with disabilities,
and who require the aid of service animals.
In this regard, the law requires that associations
must make reasonable accommodations for
these individuals.”
In
the Beckenstein case, the association responded
to a doctor’s certification letter
sent on Beckenstein’s behalf in July
2009 with a letter of its own to Beckenstein’s
parents, with whom she lives.
The letter asserted that Beckenstein had
failed to establish that her dog –
a black Labrador/Border Collie mix from
the North Shore Animal League – was
certified to address her “handicap,”
and threatened a lawsuit if the dog was
not removed. The association subsequently
sued Beckenstein in state Superior Court
as part of an action against numerous Moors
Landing residents accused of violating its
rules regarding dogs. The lawsuit remains
pending. Beckenstein filed her complaint
with the Division on Civil Rights in July
of this year.
Division
Director Le thanked Housing Investigations
Unit manager Elizabeth Russian for overseeing
the Moors Landing investigation, and Deputy
Director Gary LoCassio, Civil Rights Section
Chief James Michael, and Deputy Attorneys
General Megan Harris and Edward Haas for
reviewing and editing the Finding of Probable
Cause.
A
Finding of Probable Cause does not resolve
a civil rights complaint. Rather, it means
the State has concluded its preliminary
investigation and determined there is sufficient
evidence to support a reasonable suspicion
the New Jersey Law Against Discrimination
(LAD) has been violated.
The LAD provides that each Respondent found
to have committed a violation is subject
to a penalty of up to $10,000. The LAD also
provides for other remedies, including compensatory
damages and injunctive relief, such as changes
in the employer's policies and management/staff
training.
Now that the Division has issued a Finding
of Probable Cause, the Moors Landing case
will be referred for a process known as
Conciliation. If Conciliation is not successful,
the matter will be referred for a non-jury
trial before an Administrative Law Judge.
The Administrative Law Judge will then issue
a written Initial Decision.
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