N.J. Admin. Code § 13:13-4.11

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:13-4.11 - Reasonable accommodation

(a) An owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation shall make reasonable accommodations to the limitations of a patron or prospective patron who is a person with a disability, including making such reasonable modifications in policies, practices, or procedures, as may be required to afford goods, services, facilities, privileges, advantages, or accommodations to a person with a disability, unless the owner, lessee, proprietor, manager, superintendent, agent or employee of the place of public accommodation demonstrates that making the accommodations would impose an undue burden on its operation.

(b) In determining whether an accommodation is unreasonable because it will impose an undue burden on the operation of a place of public accommodation, factors to be considered include:

1. The overall size of the business which runs the place of public accommodation with respect to the number of employees, number and type of facilities, and size of budget;

2. The nature and cost of the accommodation sought;

3. Whether the accommodation sought will result in a fundamental alteration to the goods, services, program or activity offered; and

4. Whether the accommodation sought involves an alteration that will threaten or destroy the historic significance of a building or facility that is eligible for listing in the National Register of Historic Places under the National Historic Preservation Act ( 16 U.S.C. §§ 470 et seq.) or designated as historic under State or local law.

N.J. Admin. Code § 13:13-4.11

New Rule, R.2001 d.480, effective 12/17/2001.
See: 33 N.J.R. 1852(a), 33 N.J.R. 4380(b).
Amended by R.2006 d.13, effective 1/3/2006.
See: 37 N.J.R. 2607(a), 38 N.J.R. 335(a).
In (a), added "reasonable accommodations to the limitations of a patron or prospective patron who is a person with a disability, including making" and substituted "accommodations" for "modifications."