Kates Nussman Ellis Earle & Landolfi LLP

Appellate Division Affirms Cooperative’s Authority to Terminate Shareholder Lease, Unilateral Fee Shifting, and Rejects “Heightened Vigilance” Standard

2026-05-28T16:23:40Z

In a significant decision for cooperative housing law in New Jersey, the Appellate Division today affirmed a comprehensive trial court victory in Schwartz v. 1266 Apartment Corp., Docket No. A-0795-23/A-1665-23. The three-judge panel upheld summary judgment terminating the plaintiffs’ proprietary lease and shares, affirmed the ejectment of the plaintiffs from their apartment, and sustained an award of $301,859.03 in attorneys’ fees in favor of the cooperative. Kates Nussman Ellis Earle & Landolfi LLP represented 1266 Apartment Corp. d/b/a Horizon House throughout the trial and appellate proceedings.

Background

The dispute arose from a pattern of conduct by two shareholders that spanned years and involved numerous confrontations with fellow residents, building staff, and others within the cooperative. After receiving multiple notices to cure, the shareholders continued their objectionable conduct and repeatedly failed to provide the cooperative access to their apartment to address a water leak that arose in December 2020. Following extensive motion practice and two court orders compelling access that the shareholders defied, the Board of Directors convened a duly noticed meeting on July 1, 2021, and voted — with the required two-thirds supermajority — to terminate the shareholders’ proprietary lease and shares. Litigation ensued, culminating in the trial court’s grant of summary judgment to the cooperative in August 2023 and a subsequent attorneys’ fees award in January 2024.

Key Legal Issues Resolved

1. New Jersey Rejects the “Heightened Vigilance” Standard

Perhaps the most significant holding in the opinion is the Appellate Division’s explicit refusal to adopt the “heightened vigilance” standard that New York courts apply when reviewing a cooperative board’s decision to terminate a shareholder’s lease. Plaintiffs urged the court to import this standard from New York cases, most notably Horwitz v. 1025 Fifth Ave., Inc. and 13315 Owners Corp. v. Kennedy, both of which require courts to scrutinize board decisions with “heightened vigilance” when a tenancy termination and forfeiture of vested rights are at stake. The Appellate Division declined. The court noted there is no controlling New Jersey authority adopting this standard and expressly stated it would not do so. Instead, the court applied the traditional business judgment rule, under which a board’s decision is presumed valid if made in good faith based on reasonable business knowledge, and may only be overturned upon a showing of fraud, self-dealing, or unconscionable conduct — none of which were established here. This holding is meaningful for cooperative associations throughout New Jersey. It confirms that New Jersey courts will not second-guess a board’s exercise of its business judgment in terminating a shareholder’s lease merely because the consequences are severe, provided the board acted within its authority and followed its governing documents.

2. Actual Notice Prevails Over Alleged Technical Deficiencies in Service

Plaintiffs argued the cooperative failed to provide proper notice of the March 2020 notice to cure because it was served on plaintiffs’ counsel rather than directly on the shareholders at the building address, as specified in the proprietary lease. The court rejected this argument, holding that the essence of a notice provision is to ensure actual receipt — not to rigidly enforce the precise method of delivery. Because the parties were engaged in active litigation at the time, plaintiffs’ counsel acknowledged receipt and responded substantively. The court also noted that RPC 4.2, which prohibits direct communication with represented parties, provided an independent basis for serving the notice on counsel. This holding reinforces a practical principle: where a party has actual notice and no prejudice results, technical deviations from contractual notice procedures will not invalidate otherwise proper board action.

3. The Business Judgment Rule Protects Properly Conducted Board Votes

The court confirmed that where a cooperative board acts within the authority of its governing documents, votes by the required supermajority, issues a resolution setting forth the basis for its decision, and provides the shareholder with notice, the business judgment rule applies in full. Plaintiffs argued the board meeting was a “sham” because it was scheduled while they were out of town. The court dispatched this argument concisely: the meeting was held virtually via Zoom, and the court found no satisfactory explanation for why the shareholders’ travel precluded attendance at a virtual meeting. The board had also emailed notice of the meeting to all shareholders and posted notice throughout the buildings’ common areas, satisfying the requirements of N.J.A.C. 5:26-8.12(c).

4. Unilateral Fee-Shifting Provisions in Cooperative Proprietary Leases Are Enforceable

The court sustained the $301,859.03 attorneys’ fee award under the unilateral fee-shifting provision of the proprietary lease. The Appellate Division expressly rejected the following arguments:

Public policy: New Jersey has not enacted any categorical prohibition on unilateral fee-shifting provisions in cooperative agreements. The Legislature’s restriction of such provisions to residential landlord-tenant leases does not extend to cooperative housing, and cooperative shareholders are not tenants under New Jersey law.
Scope of counterclaims: The plain language of the lease authorized recovery for fees incurred in asserting “a counterclaim” — without limiting that to counterclaims directly related to the shareholder’s affirmative claims. The court declined to rewrite the contract.
Block billing: The court affirmed that block billing is not per se improper in New Jersey, provided the entries reasonably correlate to the activities performed and the time billed.
Vague and administrative entries: The trial court had already identified and deducted double billing and vague entries. The Appellate Division found the remaining entries sufficiently specific and the trial court’s review sufficiently rigorous to sustain the award.

Conclusion

Schwartz v. 1266 Apartment Corp. is a thorough and well-reasoned affirmance that strengthens the legal framework governing cooperative housing associations in New Jersey. The decision confirms that New Jersey courts will apply the business judgment rule — not a heightened standard — when reviewing a board’s decision to terminate a shareholder’s lease, that practical notice fulfills contractual notice requirements where actual receipt is established, and that unilateral fee-shifting provisions in cooperative leases are enforceable under New Jersey law. For cooperative boards and their counsel, the decision provides clear guidance: follow your governing documents, provide proper notice, conduct your meeting with appropriate formality in accordance with the Administrative Code, and document your basis for action.

Community Associations Institute – the New Jersey chapter (CAI-NJ) announces that Matthew Earle, Esq. is appointed to New Jersey Governor-elect Mikie Sherrill’s Transition Task Force.

2025-12-11T09:15:23Z

Diminished Capacity: Legal Rights and Real-Life Implications

2025-10-23T10:07:47Z

Understanding Diminished Capacity in New Jersey

New Jersey law recognizes that some individuals may face challenges that limit their ability to make certain decisions or manage personal affairs, a concept commonly referred to as diminished capacity. Under the law, an “incapacitated individual” is defined as someone who, because of a mental illness, intellectual disability, physical condition, or substance use disorder, lacks sufficient capacity to govern themselves and manage their affairs. Because diminished capacity directly impacts a person’s legal rights, its implications are significant. A person who lacks capacity may have their contracts, wills, or other binding decisions deemed void, unenforceable, or voidable. These questions most often arise in probate disputes, such as will contests, and in contract litigation, where the courts step in to safeguard vulnerable individuals from exploitation.

A. Separating Capacity from Intelligence

Importantly, diminished capacity is not about intelligence or education. Diminished capacity is not a judgment on a person’s intelligence, worth, or potential; it is simply a legal recognition that certain conditions can interfere with decision making at a given point in time. A person can be highly educated, articulate, and even successful in many areas of life, yet still lack the capacity to make certain legal decisions if their ability to understand, process, or communicate information is impaired. For example, a person with early-stage dementia or Alzheimer’s might manage their daily routines independently but lack the capacity to execute a complex legal contract. Instead, diminished capacity turns on whether someone can understand the relevant information, retain it long enough to process it, use it to make a reasoned choice, and communicate that choice clearly.

B. Causes of Diminished Capacity

Capacity can be permanently impaired, temporarily affected, or fluctuate over time, and the reasons someone’s capacity may be diminished can vary widely. For some, it stems from:

Progressive neurodegenerative conditions: Illnesses such as Dementia, Alzheimer’s, and Parkinson’s may gradually affect memory, reasoning, and decision-making abilities.
Serious mental health conditions: Disorders including schizophrenia, severe depression, or psychosis can sometimes impact judgment and the ability to make reasoned choices.
Effects of substance use: Intoxication may temporarily impair capacity, while long-term struggles with drugs or alcohol can sometimes cause lasting cognitive difficulties.
Intellectual or developmental disabilities: Certain lifelong conditions may limit a person’s legal capacity in specific areas of decision-making.

Guardianship and Protection of Rights

A person with diminished capacity still has rights, including the right to be treated with dignity, respect, and as much independence and autonomy as possible. Even when someone needs help from a substitute decision-maker, the law and professional ethics recognize that their voice still matters. In fact, many people with diminished capacity are still able to understand, deliberate, and reach thoughtful conclusions about matters affecting their well-being. The law has long acknowledged this nuance. In practice, this means that diminished capacity does not strip a person of their rights or their voice. Rather, it creates a duty for lawyers and the legal system to strike a careful balance: protecting vulnerable individuals while fully preserving their independence and autonomy.

A. When Guardianship Becomes Necessary

When a person is found to have diminished capacity, the court may appoint a guardian to help manage their affairs; this step is never taken lightly. Guardianship is only imposed after a judicial process with built-in safeguards designed to protect the individual’s rights. The implications of such a decision can be profound, affecting not only the individual’s autonomy and decision making but also the lives of their family members. In New Jersey, the process begins with a court hearing to determine whether someone lacks “sufficient capacity to govern themselves and manage their affairs.” No guardianship can be imposed unless the court finds, by clear and convincing evidence, that the person truly lacks capacity. If the court makes that decision, it must then consider the least restrictive alternative. In other words, guardianship should be tailored to the person’s actual needs. Depending on the situation, the court may grant:

Guardianship of the person and estate, where the guardian manages healthcare and financial affairs;
Guardianship of the person only, for individuals who need help with daily care but have little or no estate to manage; or
Guardianship of the estate only, for those who can manage their personal needs but not their financial affairs.

In addition, courts distinguish between general guardianship, where the guardian has broad authority over most aspects of the individual’s life, and limited guardianship, where the guardian’s powers are restricted to specific areas. This approach ensures that the person retains as much independence as possible. When a loved one is found to have diminished capacity, the appointment of a guardian often brings mixed emotions for family members. On one hand, guardianship can provide relief, ensuring that the individual’s needs are met, their finances are responsibly safeguarded and managed, and they are protected from harm or exploitation. On the other hand, it can create significant emotional and practical challenges. Guardianship and caregiving responsibilities frequently fall to family members, which can be physically and emotionally exhausting.

Planning Ahead and Finding Support

Because the implications of guardianship are so significant, early planning is one of the best ways to reduce its impact. The law favors the least restrictive alternative meaning that if an individual has already taken steps to protect their interests, a full guardianship may not be necessary. Creating a durable power of attorney (POA) for finances and an advance healthcare directive while the person still has capacity can prevent the need for court intervention later. These documents allow family members or friends to step in seamlessly when decision making becomes difficult. Organizing financial and legal documents early, like wills for example, also reduces the risk of disputes, confusion, or exploitation. Navigating diminished capacity and guardianship can be overwhelming, but families are not alone. Nonprofit organizations, local agencies, and professional services offer support ranging from legal guidance to emotional counseling. Government agencies also provide important resources and community programs that connect vulnerable adults with medical, housing, or financial assistance. Caregiver support groups can also provide a safe space to share challenges and learn coping strategies, while financial planners and elder law attorneys can help protect assets and guide families through the legal process. An attorney, in particular, can play a vital role not only in helping individuals plan ahead, but also in guiding families through the guardianship process when it becomes necessary. Attorneys can also assist individuals who have regained capacity and wish to restore their independence and end guardianship. Briana Louro is a third-year law student at New York Law School, with a strong passion for International and Domestic Corporate Law. She is a member of the Legal Association for Women and is also an advocate for raising awareness of bullying and autism.

The Benefits Of Mediation

2025-10-23T09:55:10Z

WHAT IS MEDIATION?

Mediation is a cost-effective and confidential alternative to the traditional legal process, which is usually lengthy, expensive and stressful. Mediation is an alternative dispute resolution process "in which an impartial third-party neutral mediator facilitates communication between disputing parties for the purpose of assisting them in reaching a mutually acceptable agreement." A mediator plays a key role in facilitating these communications and creating a calm, non-adversarial atmosphere for the disputing parties to talk openly with the ultimate goal of settling the dispute or disputes outside of the courtroom. But it's important to know that the mediator does not -- and cannot -- decide the outcome of the case. The mediator is simply there to assist the disputing parties without judgement.

HOW DOES MEDIATION WORK?

In New Jersey, mediation is an essential part of the justice system. It is often a voluntary process, though there are times when the court will order disputing parties to take part in mediation. Regardless of how you end up in mediation, the process is straight-forward. A neutral third-party mediator is either appointed by the court or agreed on by the disputing parties. Then, at the mediation session, the mediator sets any rules he or she has for the meeting and allows each side and their attorneys (although legal representation isn't necessary) to present their point of view. Then, the mediator will look for ways to bring the parties closer to a resolution, focusing on areas where they may be able to agree, compromise or even concede on some points, to reach an agreement that is acceptable to all. If, however, an agreement cannot be reached, nothing said at the mediation can be used in court.

WHAT ARE THE BENEFITS OF MEDIATION?

There are several benefits of mediation. One of the most important benefits is confidentiality. Under New Jersey law, guidelines for mediation include the protection of privileged and confidential information disclosed during mediation. All mediation communications are privileged and confidential - unless both parties agree to its disclosure. Otherwise, they cannot later be used in court -- or disclose to others, verbally, on social media, or otherwise. Another benefit of mediation is that it is cost-effective. A few hours of a mediator's time is almost always less expensive than the long and often difficult process of preparing for a trial. Mediation is also a faster option for resolving disputes. Cases in New Jersey, except for claims of $20,000 of less, can take 2-3 years to conclusion. The low cost of mediation is particularly beneficial in cases where the cost and time to litigate the case can be more than the monetary value of the case. Mediation is also less formal than the traditional legal process allowing for a more relaxed feel which can reduce stress and anxiety that is often present in the traditional legal process. Another benefit is that "the outcome can be tailored to meet the unique needs of the case and the particular parties." Recognizing that all parties and cases are different, mediation is much more flexible than the traditional legal process, mediation allows for creativity in putting together an agreement that will be acceptable to both sides. Finally, mediation allows parties to have control over the outcome. Unlike in the traditional legal process where a party's fate is determined by either a judge or jury, in mediation, the parties' control how the dispute is concluded. According to a partner at the Kates Nussman law firm: "I am both an advocate and a certified mediator. I’ve learned over my many years of practice that the biggest cost of litigation is the emotional toll it takes, because of the stress of the preparation, about being questioned under oath and the uncertainty of the outcome. The truth is that 90% plus of cases that are filed in court are settled, even “on the courthouse steps. The sooner that happens, the less the cost."

IS MEDIATION RIGHT FOR YOU?

As you can see there are many benefits to mediation, but is it right for you? According to the New Jersey Judiciary, mediation can be beneficial in a wide range of cases, but it does tend to be particularly successful in civil, commercial, construction, environmental, family, probate, general equity, and Law Against Discrimination cases. You don't need to file a lawsuit to have mediation. If you and the other side to a dispute agree, a mediator can be hired to attempt to resolve it out-of-court. It might be just what you need to avoid large legal fees and litigation. Talk to an attorney who can properly advise you and give you all the information you need to make an informed decision. If you are facing a situation that requires legal assistance and/or may benefit from mediation, contact the attorneys at [nap_names id="FIRM-NAME-1"]. Kate Knowles Brindle is a third-year law student at the University of Dayton School of Law. A former competitive figure skater, her areas of interest in the law include intellectual property and national security law.

Civil Claims For Sexual Assault In New Jersey

2025-10-23T10:03:30Z

WHAT IS SEXUAL ASSAULT? Sexual assault is defined as any act of a sexual nature, prohibited sexual acts, and sexual abuse that is committed without a person’s consent. This includes rape as well as “penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated.” It also includes “intentional touching of intimate parts for degrading, humiliating, or sexually gratifying purposes, either directly or through clothing.” According to statistics published by RAINN, the Rape, Abuse & Incest National Network, it is estimated that a sexual assault occurs every 68 seconds and the physical, mental, and emotional consequences can be devastating to the victim. While sexual assault is a serious criminal offense, it is also one in which a victim can file a civil claim against their abuser for the harm caused by the abuser and receive monetary damages. HOW MUCH TIME TO FILE A CLAIM? Recognizing that the trauma victims of sexual assault may suffer is complex and can manifest itself in many ways, New Jersey allows victims of sexual assault more time to come forward and file civil claims against their abuser. In 2019, Governor Phil Murphy signed legislation known as S477 into law, making New Jersey one of a handful of states to significantly extend the statute of limitations for filing civil claims for sexual assault. A statute of limitations is the time that a person has to file a civil claim. Under this law, a victim who suffered sexual assault as a child now has until the age of 55 years old or seven years from the date that they became aware of the assault, whichever is later, to file a civil claim against their abuser. Additionally, an adult victim of sexual assault has seven years from the time of their discovery of sexual assault to file a claim. Prior to the passage of this law, the statute of limitations in New Jersey for a civil claim of sexual assault was only two years. WHY WAS THIS CHANGE SO IMPORTANT? By extending the statute of limitations to seven years, New Jersey gives victims more time to process what happened to them and to finally take their power back on their own terms and their own timeline by holding their abuser accountable for the harm they have caused them. According to the New Jersey Coalition Against Sexual Assault (NJCASA), the extension of the statute of limitations to file a civil claim for sexual assault from two years to seven years is a gamechanger for victims because studies show victims often delay reporting sexual assault due to feelings of shame or embarrassment that the abuse has occurred. About 50% of victims of sexual assault do not tell anyone about the abuse for over five years. Additionally, the average age at which a victim reports abuse is 52 years old. Other studies show that victims of sexual assault often suffer PTSD that may not show up until years later. Victims of sexual assault have also been found to suffer financially as a result of sexual assault. In fact, the National Sexual Violence Resource Center cites a 2017 CDC study that showed the economic burden of sexual assault. According to the study, the per victim lifetime cost is $122,461. This is attributed to the impact that sexual assault can have on a victim’s professional life as well as the cost for medical and mental health treatment. WHAT IF IT HAPPENED ON THE JOB? Under this law employers are also subject to liability when they allow sexual assault or harassment to take place and take no action to stop it. Consensual relationships including in the workplace cross the line to sexual assault or harassment when the relationship has ended but one party, usually the man continues to make advances towards the woman. This behavior can qualify as harassment when it is unwanted and makes the woman feel uncomfortable. Furthermore, this behavior of harassment in the workplace is unlawful when it is severe or pervasive enough to create a hostile work environment or when it forces someone to do something they do not want to do if they want to keep their job or receive a benefit. An employer becomes liable for sexual assault or harassment if they do not take action when (1) the harassment or assault is committed by a supervisor or someone in a position of authority, (2) the employer knew or should have known about the harassment or assault and failed to take appropriate action or measures to address it, and (3) the employer lacked proper policies or training to prevent the harassment or assault. Additionally, employers are expected to (1) have clear anti-harassment policies, (2) provide training to all employees, (3) offer safe and effective channels for reporting harassment or assault, and (4) take quick and appropriate action when a complaint of harassment or assault is made. If an employer fails to take any of these actions they can be held liable for the conduct and actions of their employee. IS THE TIME LIMIT THE SAME? No. It is important to note, that though New Jersey allows for a victim to also sue their employer for allowing sexual assault or harassment to occur, the statute of limitations for filing such a claim against the employer remains at just two (2) years. So, while progress has been made in giving victims more time to seek justice against their abusers, time is short for holding an employer accountable. Kate Knowles Brindle is a third-year law student at the University of Dayton School of Law. She is a former competitive figure skater and a proud owner of a small therapy farm in NJ. Her areas of interest in the law include intellectual property and national security law.

New York’s NYSHRL And Invisible Disabilities

2025-10-23T09:55:31Z

I. What is the NYSHRL and Who Is Protected? The New York State Human Rights Law (NYSHRL) offers one of the most comprehensive anti-discrimination frameworks in the country and applies to individuals living or working in New York. In some select circumstances, the NYSHRL may also protect nonresidents so long as they have proactively sought employment in New York State. Protected classes under the law include age, race (including traits historically associated with race), color, national origin, religion or creed, sex, gender identity, sexual orientation, marital and partnership status, disability, predisposing genetic characteristics, arrest records and/or past criminal convictions, pregnancy, status as a victim of domestic violence, veteran or military status, and immigration or citizenship status. These protections are vital for everyone, but especially for those whose challenges may not be immediately visible, such as individuals with chronic health conditions, mental health diagnoses, neurodivergence, or other invisible disabilities. These individuals often face unique barriers to access and inclusion, and the NYSHRL provides essential legal safeguards to ensure their rights are recognized and respected. The New York State Human Rights Law (NYSHRL) makes it illegal for employers to discriminate in any aspect of employment—including hiring, firing, promotions, pay, benefits, and interviews. It also requires employers to provide reasonable accommodations to individuals in protected classes. This includes people with disabilities. Reasonable accommodations of disabilities can involve adjusting a work schedule, modifying job duties, or other changes that help someone perform their job—so long as these don’t cause an undue hardship for the employer. The law also requires employers to engage in a good faith, interactive process to explore and assess accommodation requests. Importantly, the NYSHRL also protects employees from retaliation. Employers cannot punish or fire someone for speaking up about discrimination or taking part in an investigation or legal proceeding under the law. To bring a claim, the discrimination must be more than a petty slight or minor inconvenience. The NYSHRL also prohibits discrimination in housing and public accommodations. This includes unfair treatment in renting, buying, or securing housing, and applies to advertisements, interviews, lease terms, financing, and more. Like in employment, housing providers must offer reasonable accommodations to individuals with disabilities, such as modifications to the living space or adjustments to lease terms, unless doing so would create an undue hardship. Moreover, the law also protects tenants and applicants from discrimination based on their lawful source of income which includes child support, alimony or spousal maintenance, foster care subsidies, Social Security benefits, public assistance (federal, state, or local), and housing assistance such as Section 8 or any other voucher program, regardless of whether the assistance is paid directly to the tenant or the landlord. II. How New York’s Human Rights Law Goes Beyond Federal Protections. At its core, the New York State Human Rights Law (NYSHRL) shares the same goal as federal civil rights laws: protecting individuals from discrimination. However, the NYSHRL provides broader protections. It applies to people who live or work in New York and is interpreted more liberally than federal laws like Title VII or the ADA. But unlike federal laws, which set minimum standards, the NYSHRL covers additional protected classes and allows claims based on discriminatory conduct that impacts someone in New York, even if it happened elsewhere. III. The NYSHRL and Invisible Disabilities. The New York State Human Rights Law is especially meaningful for those facing invisible struggles and disabilities – challenges that aren’t always noticeable to others but can deeply impact every aspect of a person’s life. Many people live with conditions that because these struggles aren’t outwardly visible, they are too often misunderstood, overlooked, or dismissed. People may be denied accommodations, support, or even basic compassion simply because they don’t “look” like they need help. But the absence of visible signs does not mean the absence of need. The NYSHRL recognizes that dignity, protection, and access to opportunity are not contingent on appearances. It affirms that every person, regardless of whether their challenges are seen or unseen, is valued, deserving of support, and entitled to live and work with fairness, respect, and inclusion. IV. Know Your Rights: How to File a Discrimination Complaint in New York. If you believe you’ve experienced discrimination in New York, whether at work, in housing, or elsewhere, you have legal rights and options. Here's a quick overview of how to take action. A. Statute of Limitations: Know Your Deadline Filing on time is crucial. Missing the deadline may prevent your claim.

Incidents on or after Feb. 15, 2024: 3 years to file
Before Feb. 15, 2024: 1 year from the most recent act
Workplace sexual harassment (after Aug. 12, 2020): 3 years

B. Filing Options: Complaint or Lawsuit You must choose between filing with an agency or going to court—you can't do both for the same issue.

NYSDHR Complaint: Investigated by the state; may result in a public hearing
Local Agency Complaint: File with a city or county human rights commission (e.g., NYCCHR)
Lawsuit: File directly in court; once you do, you can’t file with the Division afterward

Discrimination complaints can be complex, but you don’t have to face it alone. We can guide you through your options and help you pursue the path that’s right for you. Briana Louro is a second-year law student at New York Law School, with a strong passion for International and Domestic Corporate Law. She is a member of the Legal Association for Women and is also an advocate for raising awareness of bullying and autism.

Understanding Your Rights As A Disabled Person

2025-10-23T09:55:41Z

I. What is the Americans with Disabilities Act (ADA)? According to the Centers for Disease Control and Prevention (CDC), more than 1 in 4 adults (28.7%) in the U.S. have some type of disability. The Americans with Disabilities Act (ADA) bars disability-based discrimination and ensures that individuals with disabilities have the same rights and opportunities as everyone else. It guarantees equal access to employment, public services, and accommodations and applies nationwide. A. What Qualifies as a Disability Under the ADA? The ADA defines a "disability" as a physical or mental impairment that substantially limits one or more major life activities. These activities include but are not limited to walking, learning, working, eating, breathing, and performing manual tasks. The ADA’s definition is intentionally broad to cover a wide range of conditions and ensures maximum protection for individuals with disabilities. A condition qualifies under the ADA if it (1) substantially limits a major life activity, (2) has a documented history, or (3) is perceived as an impairment. B. Key Sections of the ADA The ADA has 4 key sections each designed to protect accessibility in different areas of life. Here’s what they cover:

Title I: Employment – Ensures equal job opportunities for individuals with disabilities. Employers with 15 or more employees must provide reasonable accommodations so employees can perform essential job duties.
Title II: State & Local Government – Requires state and local governments to make their services, programs, and public transportation accessible to all.
Title III: Public Accommodations – Prohibits discrimination by private businesses like restaurants, hotels, and theaters. Businesses must remove barriers when possible and ensure effective communication for individuals with disabilities.
Title IV: Telecommunications – Requires telephone and internet companies to provide relay services for individuals with hearing or speech disabilities and mandates closed captioning for federally funded public service announcements.

II. Service Animals and Your Rights Service animals play a critical role in supporting individuals with disabilities by performing tasks that help them navigate daily life. Under the ADA, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities. This work must be directly related to the person’s disability. Examples include guiding individuals who are blind, alerting someone who is deaf, pulling a wheelchair, assisting a person with an anxiety disorder during a panic attack, or alerting a person with epilepsy to an oncoming seizure. Miniature horses can qualify as service animals, and businesses must allow them when reasonable. Generally, businesses, nonprofits, and public entities must allow service animals in public areas like restaurants, hospital rooms, and schools. However, exceptions apply in sterile environments like operating rooms or burn units where health and safety could be compromised. Under the ADA and Rehabilitation Act, denying access to a service animal is discriminatory unless it poses a direct threat, is out of control without corrective action, or is not housebroken. In such cases, businesses may ask for its removal. Despite the critical role and invaluable aid that service animals provide to individuals with disabilities, misconceptions about them continue to fuel confusion, stigma, and, at times, unnecessary confrontation. To promote better understanding and inclusivity, it’s important to address and dispel some of the most common misconceptions surrounding service animals:

Businesses cannot ask any questions about a service animal.

FALSE. When a person’s need for a service animal is not obvious, businesses may ask two specific questions:

“Is the animal required because of a disability?”
“What work or task has the animal been trained to perform?”

They cannot, however, ask about the person’s specific disability or demand proof of the animal’s training or certification.

A service animal must be registered, certified or complete an official training program to be “real.”

FALSE. The ADA does not require service animals to be certified, registered, or attend specific training programs. While many service animals receive formal training, individuals can also train them independently, which is crucial since professional programs can be costly. Online registries and certificates, while common, also have no legal standing. Some local governments may offer voluntary registration programs with benefits like reduced licensing fees, but these are optional and cannot be required by law.

Only certain dog breeds can be service animals.

FALSE. Dogs of any breed and size can be a service animal, so long as it is trained to perform tasks related to the persons disability. Even in areas with breed-specific bans, service animals are exempt from such restrictions. Decisions to exclude a service animal must be determined, on a case-by-case basis, and be based on the animal’s behavior, not on fears or generalizations about a particular breeds behavior.

Service animals never bark.

FALSE. While service animals are typically well-trained and calm, some are trained to bark in specific situations. For example, a service dog may bark to alert its handler to low blood sugar or to warn them of an oncoming seizure. By understanding what service animals do, how they are protected under the law, and dispelling common misconceptions, businesses, consumers, and the public at large can contribute to a more inclusive, accessible environment for individuals with disabilities. III. Reasonable Accommodations: What They Are and How to Request Them Under the Americans with Disabilities Act (ADA), reasonable accommodations are modifications or adjustments to a job, work environment, or public setting that enable individuals with disabilities to perform essential functions, access services, or enjoy the same benefits and privileges as those without disabilities. These accommodations aim to remove barriers and foster inclusivity, so long as they are effective, reasonable, and do not impose undue hardship on employers, businesses, or institutions. Under the ADA, reasonable accommodations can take many forms, depending on the setting. They might involve: A. Workplace Accommodations The Americans with Disabilities Act mandates that employers provide reasonable accommodations to qualified employees with disabilities, enabling them to perform the essential functions of their jobs. These accommodations might include modifications to the work environment, job duties, or schedule to allow the employee to work effectively without being disadvantaged by their disability. However, the accommodations must not impose an undue hardship on the employer’s operations.

Examples of Reasonable Accommodations in the Workplace Include:

Job restructuring, part-time or modified work schedules.
Reassignment to a vacant position.
Modifications of equipment or devices.
Changes in examination, training materials, or policies.
Providing readers and interpreters
Making the workplace readily accessible to and usable by people with disabilities.

Understanding the Process of Requesting an Accommodation:

a. Informing the Employer: The employee must notify the employer of their need for accommodation due to a medical condition or disability. Specific language or mentioning the ADA is not required, but the request must clearly indicate the need for accommodation. b. Engaging in the Interactive Process: After notification, the ADA requires an interactive process where the employer and employee collaborate to find a suitable accommodation through good-faith communication. c. Undue Hardship: Employers are not required to provide accommodations that cause undue hardship. Factors like cost, company size, and operational impact are considered when determining undue hardship. d. Effective Accommodations: Accommodations must be effective in helping the employee perform essential job functions. Employers can choose from multiple accommodations, selecting the least costly or most efficient option. B. Public Accommodations and Reasonable Modifications Under the ADA, public accommodations such as restaurants, hotels, theaters, hospitals, and other businesses open to the public must ensure that individuals with disabilities are not excluded, denied services, segregated, or treated differently due to the absence of auxiliary aids, services, or reasonable modifications to their policies. Public accommodations must take these steps unless providing such modifications would fundamentally alter the nature of the goods, services, or operations or result in an undue burden.

Examples of Reasonable Modifications in Public Accommodations:

Allowing an individual to bring in outside food if they have a dietary restriction due to a disability.
Providing an ASL interpreter for public events or meetings.
Modifying business policies (such as a "no pets" rule) to accommodate service animals.

Ultimately, reasonable accommodations are about leveling the playing field, ensuring individuals with disabilities can fully participate and enjoy the same opportunities and experiences as everyone else. IV. Understanding Disability Challenges One of the key aspects of the ADA is its role in combating stigma and unfair treatment. Even though the Americans with Disabilities Act (ADA) was signed into law 34 years ago, people with disabilities are still navigating misconceptions, barriers, and stigma in everyday life. Individuals who use wheelchairs, crutches, or other mobility aids often encounter physical barriers, such as buildings without ramps, sidewalks with uneven surfaces, or inaccessible restrooms. For those with invisible disabilities, the stigma can be particularly isolating, as others often question the validity of their condition or fail to recognize its impact. For example, someone with Epilepsy might not appear “sick,” but that doesn’t lessen the reality of their struggles. This underscores a broader truth: disabilities exist on a spectrum, with each person’s experience being unique. Whether visible or invisible, the challenges that people with disabilities face can be significant, and the ADA provides much need and crucial protections. By requiring accommodations like ramps, braille, interpreters, and alternative communication formats, it breaks down barriers in workplaces, public spaces, and schools. It also ensures employers and businesses recognize and support disabilities, even when they aren’t immediately apparent. At its core, the ADA is about building a more inclusive and supportive society, recognizing the unique challenges of every disability and ensuring that everyone has access to the accommodations they need to thrive. V. Advocating for Your Rights and What to Do If You Face Resistance Navigating the challenges of living with a disability requires understanding your rights and knowing how to advocate for yourself effectively. The Americans with Disabilities Act provides strong protections and resources for individuals with disabilities. The following steps and legal resources can help guide you in effective self-advocacy and ensure that your voice is heard. A. Advocating for Yourself

Educate Yourself: Understand your condition and the accommodations you're entitled to under the ADA. The more informed you are, the better you can articulate your needs and assert your rights.
Be Clear and Direct: When requesting accommodations, communicate your needs in a straightforward manner. Since invisible disabilities may not be immediately recognized, clearly explaining how accommodations impact your daily life can help others understand their importance.

Practice Self-Advocacy: Be proactive in asserting your rights. This may include explaining your condition, requesting reasonable accommodations, and staying patient when others don't immediately understand. Keeping documentation-such as medical records-can help support your requests.

B. Legal Avenues for Advocacy If you experience resistance or discrimination when seeking accommodations, you have legal options:

Filing a Complaint with the EEOC: For workplace-related issues, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims and may attempt to resolve the issue or, if necessary, file a lawsuit or issue a "right to sue" letter.
Private Lawsuits: Under Title III of the ADA, if you're denied accommodations at a public place, you have the right to file a private lawsuit.

By understanding your rights and the legal avenues available to you, you can more effectively advocate for yourself, seek support when needed, and help to create a more inclusive environment for all. Briana Louro is a second-year law student at New York Law School, with a strong passion for International and Domestic Corporate Law. She is a member of the Legal Association for Women and is also an advocate for raising awareness of bullying and autism.

How To Get Out of a Contract

2025-10-23T10:19:41Z

A contract is an agreement between two or more people that creates a legal obligation or responsibility. They’re common throughout society for various purposes, from your apartment lease, to business deals, to gym memberships. But sometimes, it becomes necessary to get out of a contract. Whether life gets in the way, an unexpected event that makes you need to get out of your lease early, or you want to change gyms, or for many other possible reasons, there are some legal ways to get out of a contract. The first step is to re-read your initial contract. Before deciding to cancel, see if there’s a possibility to negotiate with the other party and change the terms of the contract to make your legal obligations more flexible. Any amendment should follow the requirements as set out within the contract. If you decide to continue with cancellation, looking specifically to any cancellation provisions may help you get out of the contract. The text of the contract may provide for:

An express right to terminate the contract. This allows you to terminate the contract if certain criteria are met. It will describe the “how” and “when” and other requirements to terminate the contract. Sometimes, a fee may be necessary, such as paying out a certain amount to end your lease early.
A cancellation or “cooling-off” period. These are usually around 30 days, but can vary, and they allow you to cancel the contract if you change your mind soon after agreeing to it. Ensure you follow the requirements set out by the provision within your contract, such as providing a notice of cancellation to specific people.

Other ways to get out of a contract include mistakes, breach, or the inability to perform.

Mutual mistake. A mutual mistake happens with both parties enter into a contract with miscommunicated or incorrect details. The contract can subsequently be considered void.
Inability to perform. If you are unable to perform the contract requirements due to circumstances outside of your control, you may be able to terminate the contract. This typically requires you to have sustained an injury due to an accident or having suffered some “act of nature.” In addition, you may be able to terminate a contract if the other party has failed to perform, so long as you do so before they uphold their end of the contract.
Anticipatory breach. Anticipatory breach occurs when the other party backs out first or gives some indication that they are no longer interested in upholding their end of the contract. This means you are free.
Breach of a contract. If the other party breaches the contract, you may be able to get out of the contract on your end. However, this can get complicated; in the event of breach, it may be necessary to contact an attorney to determine your legal obligations and plan for moving forward.

Finally, there are a handful of circumstances under which a contract can become legally void. This means you may be able to end a contract if one of these factors are present, including:

Lack of capacity to enter into a contract. Lack of capacity could be based on age, mental capacity, etc.
Duress.
Undue influence.
Misrepresentation.
Illegality. If your contract involves illegal activities, they are generally unenforceable.
Unconscionability. If your contract is so oppressive as to be considered shocking or fundamentally unfair, you may be able to void your contract. Courts may refuse to enforce a contract they consider unconscionable.

Contracts can be confusing, let alone trying to get out of one. If you need help getting out of a contract, please contact an attorney. Makayla Newman is a law clerk at [nap_names id="FIRM-NAME-1"]. She is a second-year law student at Rutgers Law School in Camden, NJ where she is an Associate Editor for the Women’s Rights Law Reporter.

How to Fight a Bully

2025-10-23T10:19:12Z

In 2023, the New Jersey Anti-Bullying Task Force released a report revealing an alarming increase in harassment, intimidation, and bullying (HIB) levels in the state's schools. The report showed that during the 2021-2022 school year, 7,672 HIB incidents were confirmed, with a total of 19,138 investigations reported. Contrary to popular belief, bullying isn't just a problem that affects children on playgrounds or in school hallways; it's an issue that follows many into adulthood, infiltrating workplaces. According to the 2024 WBI U.S. Workplace Bullying Survey conducted by the Workplace Bullying Institute, 32.3% of adult Americans report being directly bullied, which extrapolates to an estimated 52.2 million workers across the country. Regardless of age or location, the impact of bullying is equally devastating. Children who are bullied often face significant physical, social, emotional, academic, and mental health challenges. They are more likely to experience depression and anxiety, increased feelings of sadness and loneliness, changes in sleep and eating patterns, and a loss of interest in activities they once enjoyed. For adults, the pain of bullying is just as real and lasting. In the workplace, it can cause emotional and psychological distress—sleepless nights, anxiety, depression, physical ailments, and, in extreme cases, work-related suicide. Thankfully, society has shifted toward empowering victims through legal protections and holding perpetrators accountable. Gone are the days when fighting bullies meant navigating schoolyard altercations or surviving the oppressive atmosphere of toxic environments. Today, thanks to progressive legislation like New Jersey's Anti-Bullying Bill of Rights Act (ABR), victims of bullying in schools have a legal framework to fight back and seek justice. While harassment, intimidation, and bullying in schools is unlawful in New Jersey in all shapes and forms, certain types of harassment, intimidation, and bullying also violate the New Jersey Law Against Discrimination (LAD), which is enforced by the New Jersey Division on Civil Rights. Bullying in the workplace isn't illegal, but when someone is bullied because they have a protected characteristic, that behavior becomes harassment, which is where LAD comes into play. LAD forbids harassment based on bias, sexual harassment, and quid pro quo harassment that creates a hostile work environment. This law enables individuals to file claims for workplace harassment if the bullying they endured was rooted in a protected trait, such as race, gender, or religion. So, how can you fight back?

Fighting Back Against the Schoolyard Bully

Formally Report All Instances of Bullying to the School.

Parents documenting instances of bullying in school is the first critical step in ensuring that the bullying is addressed effectively and in accordance with NJ state law and school policies. Reporting these incidents is vital because schools often attempt to avoid responsibility by asserting that they were unaware of the bullying or had no reasonable way of knowing it was occurring. Be sure to record all key details, including who was involved, what occurred, where the incident occurred, and when it happened. Collecting evidence, like screenshots, videos, and witness accounts, can also help provide a clear picture of the situation and support a formal report. New Jersey law also requires each school to appoint an anti-bullying specialist to investigate HIB reports and serve as the primary school official responsible for preventing, identifying, and addressing such incidents. An investigation must be initiated within one school day of receiving a report, and the investigation, led by the anti-bullying specialist, must be completed within ten school days.

Reach out to an Attorney Specializing in Bullying and Civil Rights.

An experienced attorney can help determine if you or your child have a valid cause of action against the individual responsible for bullying and/or the school district. They will guide you through filing a formal complaint if necessary and ensuring that your child's rights are protected, and appropriate action is taken.

File a Lawsuit.

Filing a lawsuit may be necessary to get a resolution. While harassment, intimidation, and bullying in schools is unlawful in New Jersey in all shapes and forms, certain types of harassment, intimidation, and bullying violates the New Jersey Law Against Discrimination (LAD). The LAD prohibits most schools from discriminating against students based on race, creed, color, national origin, ancestry, nationality, sex, sexual orientation, gender identity or expression, or disability. However, the LAD does not apply to schools operated or maintained by a legitimate religious or sectarian institution.

Workplace Bullying: Battling the Bully at the Desk

Confront the Behavior and the Bully.

If you're experiencing bullying and harassment at work, inform the harasser that their behavior is unwelcome and needs to stop. If you don't feel comfortable doing this alone or feel uneasy confronting the individual, report it to your manager or HR as soon as possible. It is perfectly acceptable to ask for help in addressing the situation.

Report all Instances of Harassment, Intimidation, and Bullying to Human Resources.

Human Resources is supposed to be responsible for addressing harassment, intimidation, or bullying in the workplace and ensuring a safe and respectful work environment for all employees. Documenting the situation can help HR ensure the most appropriate actions are taken. Therefore, before making an official report, collect evidence documenting the incidents; this can include emails, texts, witness accounts, and any other information that will help provide a clear picture of the situation and substantiate your report. Make sure to include what happened, the date and time, the names of anyone involved, and the names of anyone who witnessed the incident. Reporting harassment and bullying in the workplace helps protect your well-being and prevents further incidents for yourself and your colleagues.

Get a Restraining Order Under VASPA.

The New Jersey Victim’s Assistance and Survivor Protection Act (VASPA) provides stalking and cyber-harassment victims with access to protective orders against strangers or non-familial, non-romantic partners who are targeting them. Victims have a critical tool to protect themselves against behavior that may escalate and become threatening – in and out of the workplace. A Court can issue temporary or final protective orders to victims, regardless of their current or prior relationship status to the abuser, for 4 specific offenses: stalking, cyber-harassment, sexual assault, and criminal sexual contact. This can mean abusers who are supervisors or co-workers in employment situations.

Reach out to an Attorney Specializing in Workplace Bullying, Harassment, Employment, and Civil Rights.

An experienced attorney can help assess whether you have a valid case against the individual responsible for the bullying and/or the company. They will prioritize protecting you from discrimination, harassment, and other forms of workplace harassment and can assist with reporting or addressing any retaliation. They will also help you navigate the legal process, including filing a formal complaint in the appropriate court and jurisdiction, if necessary. Bullying is no joke, and if you're facing it, you deserve help. Remember, you don't have to go through this alone. If you need support, text CONNECT to 741741 for free, confidential, 24/7 mental health assistance. You can also dial 988 for immediate help. With the proper support, awareness, and action, it's possible to create a safer and more respectful environment. Briana Louro is a second-year law student at New York Law School, with a strong passion for International and Domestic Corporate Law. She is a member of the Legal Association for Women and is also an advocate for raising awareness of bullying and autism.

Welcome Yasmine Hafez, Esq.!

2025-10-23T09:56:12Z

Firm News

Welcome Yasmine Hafez, Esq.!

We are pleased to welcome Yasmine Hafez to our legal team! Yasmine brings experience, dedication, and a passion for advocacy to her role, making her an invaluable addition to our firm. Yasmine earned her J.D. from Rutgers Law School in Newark, where she distinguished herself with her academic accomplishments, earning a spot on the Dean’s List and serving as a teaching fellow assisting other students. During her time at Rutgers Law, Yasmine served as the Executive Editor for the Rutgers International Law and Human Rights Journal and was a Fellow for the Rutgers Center for Corporate Law and Governance. She is a “courtroom lawyer,” a strong advocate who emphasizes collaboration with clients and their families and using external resources to support those efforts. Yasmine earned her undergraduate degree, cum laude, in English and Political Science from Rutgers University–New Brunswick in 2021. Her academic journey also includes an Associates Degree in Politics from the Eagleton Institute of Politics. She is a member of the New Jersey Women Lawyers Association and serves on the Executive Board of the New Jersey Muslim Lawyers Association as the Central Jersey Trustee. We look forward to Yasmine’s impact as she continues as an advocate for clients and contributes to our team. Please join us in giving her a warm welcome!