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By Martin C. DaksThe finding is a preliminary step and indicates that the state, following an investigation, has determined it is likely that the Claridge House II Condominium Association failed to reasonably accommodate Susan Heller, a resident with multiple sclerosis who uses a wheelchair. In one instance, access ramps at the 12-story Claridge House II were deemed to be “overly steep,” denying Heller safe access to the building in late 2006 when the main entrance was closed for a remodeling project. Also, a Division on Civil Rights investigator says a service elevator, used by Heller during the entrance remodeling work, was recently found to be in disrepair.
The matter will next be referred for conciliation, a Division on Civil Rights process designed to resolve cases without trial. If that fails, an administrative law judge will conduct a non-jury trial on the case. The LAD carries penalties of up to $50,000.