Housing Providers Allegedly Denied Rentals, Permitted Residents to Be Harassed Based on Disability, or Denied Reasonable Accommodations

TRENTON — Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) today announced that DCR has issued Findings of Probable Cause in eight additional cases alleging management companies and housing providers discriminated against tenants on the basis of disability in violation of the New Jersey Law Against Discrimination (LAD).

The eight Findings of Probable Cause announced today involve allegations that management companies or housing providers across New Jersey either denied rental opportunities to individuals with disabilities, permitted severe or pervasive harassment of tenants based on disability, or denied reasonable accommodations to individuals with disabilities.

In each Finding of Probable Cause announced today, DCR’s investigation found sufficient evidence to support the allegation that the management company or housing provider violated the LAD. The LAD prohibits discrimination and bias-based harassment in housing, and it requires housing providers to make accommodations for individuals with disabilities unless they can demonstrate that the accommodation is unreasonable.

The eight Findings of Probable Cause involve complaints filed with DCR by individuals with disabilities in five counties: Bergen, Burlington, Camden, Ocean, and Union.

“In New Jersey, the strong protections offered by our Law Against Discrimination mean you don’t have to face housing discrimination because of your disability,” said Attorney General Platkin. “The enforcement actions we are announcing today reflect our office’s ongoing commitment to putting a stop to disability discrimination across our state.”

“People with disabilities continue to face persistent and systemic obstacles to obtaining housing,” said Sundeep Iyer, Director of the Division on Civil Rights. “Our laws make clear that disability discrimination in housing is against the law – but those protections don’t mean much without meaningful enforcement. That’s why we’ve stepped up our efforts to combat housing discrimination and disability discrimination across our state, and why we’ll continue our work to help ensure everyone has a fair shot at obtaining safe, affordable housing.”

In one of the Findings of Probable Cause announced today, the owner of the Cooper Building in Camden allegedly reneged on a lease agreement with a potential tenant due to the individual’s disability. The owner’s representative extended a lease to the prospective tenant, but then canceled the lease after meeting the complainant in person. The owner’s representative stated: “I don’t think this house is really safe and good for [Complainant] given his condition.” And the representative stated that she feared the prospective tenant would create a liability risk for the property.

In another case, DCR issued a Finding of Probable Cause against the owner of a seven-unit rental property in Seaside Park for allegedly failing to take appropriate steps to end tenant-on-tenant harassment. A tenant was repeatedly harassed by other tenants due to a disability. DCR’s investigation revealed that the property owner, despite being aware of the harassment, failed to take steps reasonably calculated to end the harassment, as is his obligation under the LAD. The owner did not investigate the harassment or take any action to address the harassment.

DCR also issued six Findings of Probable Cause in cases where housing providers allegedly denied reasonable accommodations to residents with disabilities.

In one case, DCR found sufficient evidence to support a reasonable suspicion that Penn Properties Management Company – a property owner and management company that DCR issued 19 Notices of Violation against earlier this year – failed to accommodate a tenant with disabilities.  The property occupied by the tenant had mold and electrical issues that negatively affected the tenant’s health. But Penn Properties Management Company failed to respond to the complainant’s request for a reasonable accommodation.

In another case, DCR issued a Finding of Probable Cause against the owner and management company for Mill Run at Union Apartments in Union. The owner and management company denied a tenant’s request for a designated accessible parking space as a reasonable accommodation for her disability, claiming that the tenant could use one of two Americans with Disabilities Act-compliant accessible parking spaces whenever they were available. However, Mill Run at Union Apartments did not provide any evidence suggesting that affording complainant an accommodation would have been unreasonable or imposed a burden on its operations.

The issuance of a Finding of Probable Cause shows that DCR has concluded its preliminary investigation and determined sufficient evidence exists to support a reasonable suspicion the LAD has been violated. The Findings of Probable Cause announced today do not represent final adjudication of the cases. Rather, a Finding of Probable Cause means DCR has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the LAD has been violated.  Following a final adjudication on the merits by the Superior Court or by the Office of Administrative Law, a respondent found conclusively to have violated the LAD may be required to pay a penalty of up to $10,000 per violation for their first adjudicated violation, and up to $50,000 per violation if they commit multiple adjudicated violations within a five-year period.

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To view fact sheets on disability discrimination pertaining to the rights of people with disabilities in employment, housing, and places of public accommodation, on the right to an emotional support animal in housing, and on the right to have a service or guide dog under the LAD, please visit  https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/division-on-civil-rights-resources/. People with disabilities who believe their rights under the LAD have been violated can file a complaint with DCR by visiting https://bias.njcivilrights.gov/ or calling 1-833-NJDCR4U (833-653-2748).

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The New Jersey Division on Civil Rights enforces the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, and the Fair Chance in Housing Act, and works to prevent, eliminate, and remedy discrimination and bias-based harassment in employment, housing, and places of public accommodation throughout New Jersey.

To find out more information, go to www.njcivilrights.gov.

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