Fair Housing
All citizens have the right to obtain housing without facing discrimination. The Fair Housing Act, which was enacted on April 11, 1968, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). This year marks the 41st anniversary of the Fair Housing Act.
The New Jersey Law Against Discrimination (LAD) also prohibits discrimination when selling or renting property. It covers owners, agents, employees and brokers and makes it unlawful to refuse to rent, show or sell property based on a person's race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership status, familial status, gender identity or expression, affectional or sexual orientation, sex, or mental and physical disability, including AIDS and HIV-related illness.
At the time of the taking of any listing of residential property, real estate licensees are required to provide a property owner with the Attorney General's Memorandum, which includes a summary of the New Jersey Law Against Discrimination.
REALTORS® support fair housing by pledging to subscribe to the Code of Ethics. Article 10 of the Code sets forth standards of practice, which include a REALTORS®' duties to not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin.
What You Need to Know about Fair Housing & the LAD
- It is illegal to deny that housing is available for inspection, sale or rent when it really is available
- No discriminatory advertising of any kind relating to the proposed sale or rental is permitted
- A landlord may not charge a tenant with a disability an extra fee for keeping a service/guide dog
- It is illegal for a landlord or real estate professional to refuse to rent:
- To a single mother with children if this decision is based on her marital status or domestic partnership status
- A one bedroom apartment to two members of the same sex, if they are otherwise qualified
- To an individual with a mental or physical disability
- To a person with AIDS or HIV infection or to someone perceived to have AIDS or HIV infection
Consumers who feel they have been refused housing due to discrimination can file a complaint with the U.S. Department of Housing & Urban Development or with the New Jersey Division on Civil Rights.
Fair Housing Resources
NJAR® Fair Housing Month press release, April 2009
Fair housing laws & presidential executive orders (HUD.gov, Apr. 8, 2008).
U.S. Department of Housing and Urban
Development
The Office of Fair Housing and Equal
Opportunity (FHEO)
U.S. Department of Justice -Fair Housing
National Fair Housing Alliance
Fair Housing Council of Northern New
Jersey
Housing Coalition for Central
New Jersey
HUD Certified Fair Housing
Counseling Agencies in New Jersey
