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TRENTON
– The Division on Civil Rights announced
today that it has issued a Finding of Probable
Cause against an Essex County condominium
association for allegedly discriminating
against a disabled resident by repeatedly
failing to accommodate her use of a wheelchair.
Named as sole Respondent in the Finding
of Probable Cause document is the Claridge
House II Condominium Association, the residents’
association of the 12-floor luxury high-rise
known as Claridge House II in Verona. Claridge
House II resident Susan Heller, as well
as Division on Civil Rights Director J.
Frank Vespa-Papaleo, are the Complainants.
A Finding of Probable Cause means the State
has concluded its preliminary investigation
and determined there is sufficient evidence
to support a reasonable suspicion that the
conduct of the Claridge House II Condominium
Association violated the New Jersey Law
Against Discrimination (LAD).
According to the original Complaint Heller,
who has Multiple Sclerosis, bought her condominium
in December 2005. Since that time, the condominium
association has failed in numerous ways
to accommodate Heller’s wheelchair,
the Complaint charges. For example, access
ramps designed to serve persons with disabilities
are overly steep at Claridge House II. As
a result, the Complaint alleges, Heller
had no safe access to the building in late
2006 when the main entrance was closed for
a remodeling project.
“This
is exactly the kind of difficult experience
that led to the state and federal laws we
have requiring accessibility for persons
with disabilities,” said Director
Vespa-Papaleo. “As a result of the
conduct outlined in this case, a person
who uses a wheelchair has been left to struggle
with something that other residents take
for granted – getting around the place
where she lives.
“Condominium
associations have a legal duty to ensure
equal access to entrances and exits, and
to any premises and facilities open to all
residents – including common areas,
elevators, swimming pools and other recreation
areas,” the Director said. “We
are committed to making certain they meet
their obligation under the law.”
According to the Complaint, a Division on
Civil Rights Investigator who visited the
Claridge House II in April 2007 found a
service elevator in disrepair that Heller
had previously been using during the entrance
remodeling work.
As a result, Heller told the DCR representative,
she was forced to use a ramp that was difficult
to ascend, and dangerous to descend, in
a wheelchair. A Division investigator who
also uses a wheelchair traversed that ramp
and found it inordinately steep and potentially
dangerous, according to the Complaint. In
addition, a tour of potential alternate
routes by DCR investigators found those
routes “not reasonably accessible”
for entering and exiting the building in
a wheelchair, according to the Complaint.
Now that a Finding of Probable Cause has
been issued, the matter will be referred
for Conciliation, a Division on Civil Rights
process designed to resolve cases without
trial. If Conciliation fails, an Administrative
Law Judge will conduct a non-jury trial,
or hearing on the case.
>>
Finding
of Probable Cause (1.2mb pdf)
plug-in
Under the LAD, Respondents found to have
committed a violation are subject to a penalty
of up to $10,000, provided they have 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 has offices
in Atlantic City, Camden, Jersey City, Newark,
Paterson and Trenton. Further information
is available on the DCR Web site at www.NJCivilRights.org.
To file a formal Complaint, persons may
call the DCR’s Housing Discrimination
Hotline toll-free at 1-866-405-3050.
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