| TRENTON
-- Attorney General Zulima V. Farber and
the Division on Civil Rights announced today
that New Jersey has issued a Finding of
Probable Cause against a Somerset County
condominium association for allegedly discriminating
against a resident with a disability who
sought permission throughout 2005 to keep
a service dog in his home and was denied.
Named as a Respondent in the Finding of
Probable Cause document is the Windsor Terrace
Condominium Association, Inc., located in
North Plainfield. The Association is accused
of denying disabled resident Steven Brown
a reasonable accommodation under State law
by refusing to waive its “no dogs”
policy so he can acquire a service dog,
as two of Brown’s treating physicians
have recommended.
A Finding of Probable Cause does not represent
final adjudication of a Division on Civil
Rights complaint. It is a determination,
based on investigation by the Division,
that sufficient evidence exists to support
a reasonable suspicion the New Jersey Law
Against Discrimination (LAD) has been violated,
and that the matter should proceed to a
hearing.
“Under
the law, condominium associations –
as well as real estate agents, landlords,
tenant associations, and others who deal
with housing – have a duty to attempt
to accommodate the needs of persons with
disabilities. Our commitment is to ensure
they do just that,” said Attorney
General Farber. “We take seriously
our role as the State’s principal
promoter and protector of civil rights,
and it is our commitment to investigate
and prosecute any alleged conduct that impinges
on those rights.”
According to Division on Civil Rights Director
J. Frank Vespa-Papaleo, Division investigators
interviewed all parties central to the Windsor
Terrace matter, and reviewed relevant documentation,
including several letters written by Brown’s
treating physicians. Among the letters were
two written to the Association by a cardiologist
who observed that Brown meets established
criteria for classification as a person
with a disability.
Brown, the cardiologist wrote in a letter
dated October 19, 2005, suffers from premature
coronary artery disease and hyperlipidemia,
underwent quadruple bypass surgery in April
2004, and is on multiple medications for
his ailments. Because of his heart ailments,
Brown also has limited capacity to deal
with anxiety and absorb stress, the cardiologist
wrote. The doctor went on to advise the
Association that he was prescribing a “support
animal” for Brown that would “assist
Steven in coping with his disability.”
The Association insisted that, from its
perspective, the letters were not sufficient
to establish that Brown has a legal disability,
or that he requires a service dog. However,
Vespa-Papaleo noted, the Association failed
to put forth any medical certifications
or other information refuting the need for
a service dog in Brown’s circumstance.
“We
have an obligation at the Division on Civil
Rights to ensure the rights of people with
disabilities,” said Vespa-Papaleo.
“In this case, it is the Division’s
position that Mr. Brown has a disability
under the New Jersey Law Against Discrimination,
and one which medical experts believed would
benefit from the use of a service dog. This
was not disputed by the Association with
any medical evidence at all. A condominium
association cannot simply refuse to waive
its association rules when dealing with
a reasonable accommodation request for persons
with disabilities.”
Now that the Division has issued a finding
of probable cause, the case will be referred
for Conciliation. If Conciliation is not
successful, the matter will be referred
to an Administrative Law Judge for a hearing
on the merits, which is a non-jury trial.
The ALJ will then issue a written Initial
Decision.
The LAD provides that each Respondent found
to have committed a violation is subject
to a penalty of up to $10,000, provided
he or she has not been convicted of a previous
violation within the past five years. Respondents
who have violated the LAD within the past
five years are subject to a penalty of up
to $25,000, while those who have been convicted
of two or more violations within the past
seven years are subject to a penalty of
up to $50,000.
The Division on Civil Rights is responsible
for enforcing the LAD. Specifically, the
Division investigates allegations of discrimination
in employment, housing, places of public
accommodation and credit. The Division on
Civil Rights has six offices: Atlantic City,
Camden, Jersey City, Newark, Trenton and
Paterson. Further information is available
on the Division Web site www.NJCivilrights.org.
To file a formal Complaint, persons may
call the Division’s Housing Discrimination
Hotline toll-free at 1-866-405-3050.
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