New Jersey's Law Against Discrimination Applies to Condominiums
It is clear that New Jersey's Law Against Discrimination is applicable to New Jersey's condominiums. Last week, Stark & Stark Community Association attorneys David Byrne and Richard Linderman won a summary judgment motion on behalf of a Northern New Jersey condominium, securing an order dismissing an owners' lawsuit against the condominium that claimed they were the subject of discrimination.
The Plaintiffs, of Asian Indian descent, claimed that the condominium violated New Jersey's Law Against Discrimination by treating them differently than other members of the community not of Asian Indian descent. In their lawsuit the plaintiffs claimed the condominium prohibited two owners from using the community's recreational amenities as a result of persistent rule violations and direct threats against the condominium's pool company. However after two years of discovery and many depositions the owners, in response to a summary judgment motion, were only able to argue that they were discriminated against when a "Caucasian" family was allowed to use a floatation device in the pool after the use of a similar device by the plaintiffs was prohibited.
The Court found that one alleged instance of discrimination, without party names, proof or details, was insufficient to establish a prima facie case of discrimination on the condominium's part. Instead, the plaintiffs were required to provide specific instances of race-based conduct or disparate treatment. Mere conclusory allegations were not sufficient.
This decision shows that condominiums need not fear unsubstantiated allegations of racial discrimination in the enforcement of its covenants and rules.
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