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TagsNamed in the case is the Moors Landing Homeowners Association of Howell.
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 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," Civil Rights Director Chinh Q. Le said. "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.
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 hanbdled 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 state Law Against Discrimination has been violated.
The law provides that each respondent found to have committed a violation is subject to a penalty of up to $10,000. The law 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 a state Administrative Law judge. The judge will then issue an initial decision.
– TOM HESTER SR., NEWJERSEYNEWSROOM.COM
