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Disability Accommodation Rights for Owners and Occupants of

Condos, Cooperatives, and Other Common Interest Communities

Governed by a Homeowners’ Association or Similar Entity

The New Jersey Division on Civil Rights (DCR) enforces the New Jersey Law Against

Discrimination (LAD), which makes it illegal for those involved in the ownership, operation, or

management of condominiums or cooperatives (e.g., landlords, sellers, condominium

associations or boards, cooperative associations or boards, homeowners’ associations or

boards) to discriminate against someone with a disability.

Examples of Illegal Conduct

 Discriminating against a prospective or actual buyer, renter, owner, or occupant because of

that person’s disability or because of the disability of someone associated with that person.

 Refusing to make reasonable accommodations to the rules, policies, practices, or services,

when such accommodations would give someone with a disability an equal opportunity to

use and enjoy the property, including public and common areas.

o Example: If an occupant has a disability that makes walking difficult, a reasonable

accommodation might be to give the occupant a reserved parking space closest to

the entrance of his or her unit, even though parking is generally unreserved.

 Refusing to allow reasonable modifications of existing premises if such modifications may be

necessary to give the person with a disability full enjoyment of the premises.

o Examples of reasonable modifications might include installing an entry ramp,

lowering the threshold of a unit, widening doorways, or installing grab bars.

o A board or association may require the owner or occupant to provide a reasonable

description of the proposed modifications, as well as reasonable assurances that the

work will be done in a workmanlike manner and that any required building permits

will be obtained.

o The owner or occupant is responsible for the cost of any modifications or equipment.

However, it would be illegal for a board or association to charge an extra fee for

reasonable modifications or accommodations for someone with a disability.

An owner or occupant who requests a disability accommodation or requests approval to make

modifications to the premises must show that they may be necessary to give a person with a

disability an equal opportunity to use and enjoy the premises. The board, association or other

housing provider may deny the request only if it can prove, based on an individualized fact-

sensitive assessment, that the request is unreasonable under the particular circumstances.

Factors to be considered in determining whether a request is unreasonable include, but are not

limited to, whether the accommodation or modification would impose an undue administrative or

financial burden on the board or association, or would fundamentally alter the nature of the

board or association’s operations.

Assistance Animals Under the LAD

Sometimes, people with disabilities must rely on service or guide dogs, or emotional support

animals to assist them because of the limitations arising from their disabilities.

1. Service dogs and guide dogs. It is unlawful to deny full and equal access to a person with

a disability simply because he or she is accompanied by a service or guide dog.

 A “service dog” means any dog individually trained to the requirements of a person

with a disability. For example, such dogs may be trained to perform minimal

protection work or tasks such as pulling a wheelchair, retrieving dropped items, or

alerting or assisting a person with epilepsy or another seizure disorder.

 A “guide dog” means a dog used to assist deaf or hard of hearing people, or people

with visual impairments. Guide dogs must be trained by an organization generally

recognized by agencies involved in the rehabilitation of the deaf or blind as reputable

and competent in providing this type of training to dogs.

 Although a person with a service or guide dog cannot be required to pay extra for

having a service or guide dog on the premises, they can be held liable for any

damage that the dog causes to the premises.

 Trained service or guide dogs are not pets. Thus, any “no pets” policy cannot be

applied to prohibit an occupant with a disability from having a service or guide dog on

the premises.

2. Emotional support animals. For an occupant with a disability whose medical provider

prescribes an emotional support, therapy or assistance animal, reasonable accommodations

may include granting an exception to a policy that bans pets or imposes weight or size

restrictions. However, a housing provider may impose reasonable conditions on approvals

for emotional support, therapy or assistance animals, such as requiring that they not be

permitted to roam the premises unsupervised, or that the occupant or another responsible

person clean up after the animal.

In housing matters, an emotional support, therapy or assistance animal does not need to be

specially trained to serve a person with a disability. And although these animals are often

dogs, other animals can also function as emotional support, therapy or assistance animals.

Other than requiring payment for any specific damage done to the premises, it is unlawful to

charge a person with a disability an extra fee to keep a guide or service dog or an emotional

support, therapy or assistance animal.

Filing a Complaint Under the LAD

When it appears that a board, association, or other housing provider has violated the LAD, there

are two options for filing a complaint:

1. Administrative complaints:

An administrative complaint can be filed with the DCR within 180 days of the act of

discrimination. Any person who has been injured by discrimination based on disability

(or any other characteristic protected by the LAD) or believes that such discrimination is

about to occur, can contact the DCR to speak to an investigator. If DCR has jurisdiction

to address the problem, DCR staff will take a written complaint, serve it on the

respondent (the person or entity charged with violating the LAD), and obtain a written

answer from the respondent. DCR will then investigate the allegations. If an

investigation shows enough evidence to support the complaint, and the complaint cannot

be settled, a hearing will be held in the Office of Administrative Law. After that hearing,

the DCR Director will issue a final decision as to whether unlawful discrimination has

been proven. If discrimination has been proven, the Director will order appropriate

remedies.

2. Court complaints:

As an alternative, a person can file a civil complaint in the Superior Court of New Jersey

within 2 years of the act of discrimination.

Available Remedies

The DCR and Superior Court of New Jersey may order equitable relief, compensatory damages,

and attorney fees. The Superior Court may also award punitive damages. The DCR may

impose civil penalties to be paid to the State government.

To file a complaint or get more information, contact us at the nearest DCR office, or visit our

web site at www.NJCivilRights.gov

Atlantic City Regional Office:

1325 Boardwalk, Atlantic City, NJ 08401

Phone: (609) 441-3100

Fax: (609) 441-3578

TDD#: (609) 441-7648

Camden Regional Office:

One Port Center, 4th Floor, Suite 402

2 Riverside Drive, Camden, NJ 08103

Phone: (856) 614-2550

Fax: (856) 614-2568

TDD# (609) 757-2958

Newark Regional Office:

31 Clinton Street, Newark, NJ 07102

Phone: (973) 648-2700

Fax: (973) 648-4405 / (973) 648-7582

TDD# (973) 648-4678

Trenton Regional Office:

140 East Front Street / P.O. Box 090

Trenton, NJ 08625-0090

Phone: (609) 292-4605

Fax: (609) 984-3812

TDD# (609) 292-1785