Judge Sloviter Will Go on Inactive Status

Chief Judge McKee announced today that Judge Sloviter will assume inactive status as a judge of the Third Circuit Court of Appeals.  She made that decision due to “a serious medical condition with her eyes.” The Chief Judge’s announcement contains a lengthy tribute to Judge Sloviter and a recapitulation of her career.  A lifelong Philadelphia […]

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Supreme Court Will Review LAD, Fraudulent Conveyance, and Two Criminal Cases

In addition to the Supreme Court’s grant of review in a case involving the termination of a contract of sale of residential real estate, discussed here, the Court announced in the last several days that it would review four other cases.  All of those cases arise from unpublished decisions in the Appellate Division. In Grande […]

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Supreme Court Will Review Conley v. Guerrero

The Supreme Court has granted certification to review the Appellate Division’s decision in Conley v. Guerrero, 443 N.J. Super. 62 (App. Div. 2015).  The Appellate Division’s decision was discussed here.  The question presented, as phrased by the Supreme Court Clerk’s Office, is “Did defendant, the seller of a residence, effectively terminate her sale agreement with […]

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Your No-Pet Building Cannot Restrict Guide Animals

Community associations in New Jersey which have pet restrictions may need to permit a disabled resident to maintain an animal in his or her unit depending on needs. This rule could even apply to a visiting guest who is disabled and has a guide animal.

Most people understand that the blind are entitled to use a guide dog wherever they go. However, there are other types of animals that also assist individuals with different types of disabilities and these also must be allowed despite any community pet restrictions. This could range from a monkey which performs tasks for a person with a spinal cord injury to a cat that provides emotional support to an individual with PTSD. Even if your association prohibits pets (or has weight or size restrictions for pets) they may be required to permit such animals for disabled residents or guests.

State and Federal law require a community association to make reasonable accommodations to the rules, policies, practices, or services when necessary to give someone with a disability an equal opportunity to use and enjoy the unit and common areas. When a resident requests an accommodation to a no-pet rule, the resident should be able to establish that he or she is disabled and describe how the animal would help him to use and enjoy the premises.

While some service animals may require specialized training, such as guide dogs or service dogs, others may not require any training at all. Keep in mind that assistance animals are not pets and you should never require an individual with an assistance animal to pay a pet fee.

Requests for disability accommodation should be taken very seriously by community association boards and managers. You may want to seek legal advice while reviewing a request and before making a decision.

If your association needs assistance with a reasonable accommodation request, or if you have any other questions, feel free to contact Stark & Stark’s Community Association Group.

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Judge Greta Gooden Brown is Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced today that Judge Greta Gooden Brown is being temporarily assigned to the Appellate Division.  That assignment begins on April 4 and will run until June 12, 2016.  Judge Brown will sit on Part E. A graduate of Rutgers-Newark School of Law, Judge Brown was nominated to the bench by Governor Corzine […]

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Plaintiffs Get Another Chance to Show “Mode of Operation” Liability

Walker v. Costco Wholesale Warehouse, ___ N.J. Super. ___ (App. Div. 2016).  Earlier this year, in Troupe v. Burlington Coat Factory, 443 N.J. Super. 596 (App. Div. 2016), discussed here, Judge Suter, joined by Judge Sabatino, applied the Supreme Court’s decision in Prioleau v. Kentucky Fried Chicken, Inc., 223 N.J. 245 (2015), and rejected application […]

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Child Support: A Child's Right and that Right Just Got Stronger!

Governor Christie recently signed into law an act of legislation addressing one of the issues of child support: