2B — November 22 - December 12, 2019 — Owners, Developers & Managers — M id A tlantic
Real Estate Journal
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O wners , D evelopers & M anagers Condos, cooperatives governed by aHOAor similar entity Disability Accommodation Rights forOwners&Occupants T common areas. able modifications or accom- modations for someone with a disability. he New Jersey Divi- sion on Civil Rights (DCR) enforces the New
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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 reason- able modifications of existing premises if such modifications may be necessary to give the person with a disability full enjoyment of the premises. Examples of reasonable modifications might include installing an entry ramp, low- ering the threshold of a unit, widening doorways, or install- ing grab bars. A board or association may require the owner or occupant to provide a reasonable descrip- tion of the proposed modifica- tions, as well as reasonable as- surances that the work will be done in a workmanlike manner and that any required building permits will be obtained. 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 reason-
Jersey Law Against Dis- crimination (LAD), which makes it ille- gal for those involved in the owner- ship, opera- tion, or man-
An owner or occupant who requests a disability accom- modation 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 if it can prove that the request is unreasonable because the accommodation or modification would impose an undue admin- istrative or financial burden on the board or association, or would fundamentally alter the nature of the board or associa- tion’s operations. The determi- nation of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommo- dation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related continued on page 16B
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Bruce E. Gudin
agement of condominiums or cooperatives (e.g., landlords, sellers, condominium associa- tions or boards, cooperative as- sociations or boards, homeown- ers’ 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 be- cause of that person’s disability or because of the disability of someone associated with that person. • Refusing to make reason- able accommodations to the rules, policies, practices, or services, when such accom- modations would give someone with a disability an equal op- portunity to use and enjoy the property, including public and
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