Service dog at heart of civil rights action

BY PATRICIA A. MILLER
Staff Writer

The Moors Landing Homeowners Association in Howell may have violated a resident’s legal right to keep her medically prescribed service dog, according to the New Jersey Attorney General’s Office.

Moors Landing is a residential development on Strickland Road, Howell.

The state Division of Civil Rights has issued a finding of probable cause against the Moors Landing Homeowners Association for initially granting Laura Beckenstein the right to keep the service dog in 2007, and then reneging on the agreement in August 2009, two years after she got the dog.

“This case raises serious concerns because it suggests a lack of regard for the medically-testified-to needs of this resident,” Division Director Chinh Q. Le said in a recent decision. “It also indicates a placing of ‘resident association rule’ above the law.”

Beckenstein has a seizure disorder and has been diagnosed with epilepsy. She lives with her parents, Marc and Jane Beckenstein, who have owned a townhouse in Moors Landing for 19 years, according to the probable cause finding, which provides a timeline of the matter.

Marc Beckenstein wrote to the Moors Landing Homeowners Association on June 8, 2007 — before the family adopted a dog — and requested a waiver of the association’s policy prohibiting the ownership of dogs in townhouses.

Beckenstein followed up a few days later with a letter from Laura’s physician, Richard I. Sultan of Jersey Shore Neurology Associates, which stated that she had a seizure disorder and had his permission to procure a seizure dog.

Shortly after that, the Beckensteins were given verbal permission by then-homeowners association president Gary Boitman to get a dog. Laura adopted Ziggy, a black Labrador retriever/collie mix from the North Shore Animal League on June 18, 2007.

But nearly two years later, the homeowners association began to question Laura’s disability and her need for the dog.

Sultan then completed a certification letter describing her disability and her need for a service dog, according to the probable cause finding posted on the division’s Internet website.

Sultan later told the Division of Civil Rights during its investigation that he has treated Beckenstein for more than 10 years and that she takes two anti-seizure medications.

“He also stated that [Laura] has had a number of very bad seizures and as a result has been physically injured several times,” according to the finding. “The last time she was hurt because of a serious seizure was in June 2009. Dr. Sultan said that having the dog provides [Laura] with comfort and a feeling of security that someone will be alerted while she is having seizures.”

The homeowners association sent a letter to Beckenstein’s parents in August 2009 after receiving the doctor’s certification letter about the service dog.

The association’s letter stated that Laura had failed to prove her dog was a certified service dog for her handicap. The letter noted the association’s pet policy, which permits inside pets limited to fish, birds, declawed cats and gerbils in townhouses.

“If you fail to comply, the association will seek an injunction to enforce the declaration of covenants and restrictions of the Moors Landing Homeowners Association Inc., which provides that no dogs be kept in any townhouse unit,” the association’s letter stated. “The association will seek to have the dog removed from the unit.”

Laura responded to the association’s letter on Sept. 10, 2009.

“Dogs for people with seizures have been proven to provide companionship and promote independence,” she wrote in the letter. “Ziggy alerts others when something is wrong by barking to gain attention, but staying by my side. In June 2009, Ziggy proved that he would not leave my side when I needed medical attention by paramedics. The above behavior is not something that occurs through training, it occurs through bonding with the animal by spending time together and creating a secure bond and trust.”

The homeowners association later filed a lawsuit against Beckenstein and numerous Moors Landing residents who are accused of violating the rules against keeping pets. The lawsuit is still pending.

Beckenstein filed a complaint with the Division of Civil Rights in July.

The state’s investigation concluded that Beckenstein had provided proof that she is a person with a disability and noted that the New Jersey Law Against Discrimination (LAD) does not require a service dog to be trained by a recognized training agency or school.

“In this case, as long as the dog was individually trained to the requirements of a person with a disability, it can meet the definition of a service dog,” the finding states. “Of particular importance in this case, the definition of service dog expressly includes seizure dogs trained to alert or assist persons subject to epilepsy or other seizure disorders.”

The homeowners association’s requests for more information went beyond what is normally required to document a disability or the need for any accommodations, the filing states.

“As homeowners associations throughout the state should already know, the law makes specific provisions for those who suffer with disabilities and who require the aid of service animals,” Le said. “In this regard, the law requires that associations must make reasonable accommodations for these individuals.”

However, the division’s finding of probable cause does not resolve Beckenstein’s civil rights complaint.

“It means the state has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the LAD has been violated,” according to the Division of Civil Rights.

The probable cause finding paves the way to a process known as conciliation. If the conciliation fails, the matter will be referred for a non-jury trial before a state administrative law judge, who will issue a written initial decision.

Violators of the LAD face penalties of up to $10,000, compensatory damages, and possible changes in policies and management and staff training, according to the division’s website.