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2024-05-22 12 min read Fair Housing Laws

New Jersey Fair Housing Compliance: Laws & Protected Classes Guide

Understanding and complying with New Jersey's fair housing laws is critical for property managers, landlords, real estate agents, and housing providers. The Garden State has some of the most comprehensive anti-discrimination protections in the nation. This guide breaks down the key requirements and protected classes under New Jersey law.

Key Takeaways

Protected Classes Under New Jersey Law

New Jersey's Law Against Discrimination (LAD) provides broader protections than federal fair housing laws. The state prohibits housing discrimination based on the following protected characteristics:

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Key Requirements for Housing Providers

Advertising and Marketing

All property advertising must be non-discriminatory and inclusive. This applies to: - Print advertisements - Online listings - Social media marketing - Property signage - Verbal communications

For guidance on compliant advertising practices, see our guide on Preventing Discriminatory Language in Property Advertisements.

Screening and Selection

Housing providers must: - Apply consistent screening criteria to all applicants - Consider all sources of lawful income equally - Make reasonable accommodations for persons with disabilities - Maintain clear documentation of selection decisions - Avoid steering or limiting housing choices based on protected characteristics

Reasonable Accommodations

Properties must: - Consider all reasonable accommodation requests - Engage in interactive dialogue about accommodations - Allow service and emotional support animals when required - Permit reasonable modifications at the resident's expense - Document all accommodation requests and responses

For more details on accommodation requirements, review our Emotional Support Animals: Fair Housing Guide for Property Managers.

Common Violations to Avoid

Discriminatory Statements

Avoid language that: - Expresses preference based on protected characteristics - Discourages protected groups from applying - Implies certain groups would not "fit in" - Makes assumptions about tenants' abilities or preferences

Inconsistent Treatment

Prevent discrimination by: - Showing all available units to qualified applicants - Quoting consistent prices and terms - Applying rules and policies uniformly - Maintaining detailed records of all interactions

Steering

Do not: - Direct applicants to specific areas based on protected characteristics - Make assumptions about where someone would "feel comfortable" - Limit information about available properties - Provide different levels of service to different groups

Compliance Best Practices

Documentation

Maintain detailed records of: - Advertising and marketing materials - Applicant screening criteria and decisions - Accommodation requests and responses - Maintenance and repair requests - Lease enforcement actions - Staff training completion

Staff Training

Regular training should cover: - Protected classes and prohibited practices - Proper documentation requirements - Accommodation procedures - Communication guidelines - Complaint handling

Learn more about training requirements in our Fair Housing Training: Essential Programs for Property Managers guide.

Written Policies

Develop and maintain:

Regular Audits

Conduct periodic reviews of:

For guidance on auditing practices, see our article on Fair Housing Compliance Audits: What Property Managers Should Expect.

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Penalties for Non-Compliance

Violations of New Jersey's fair housing laws can result in:

For more information about potential penalties, review our guide on The Cost of Non-Compliance: Fair Housing Violations and Penalties.

State Enforcement Agencies

The primary agencies enforcing fair housing laws in New Jersey are:

Division on Civil Rights (DCR)

Office of Fair Housing and Equal Opportunity (FHEO)

Frequently Asked Questions

What is the statute of limitations for filing a housing discrimination complaint in New Jersey?

A complaint must generally be filed with the Division on Civil Rights within 180 days of the alleged discriminatory act.

Are private landlords exempt from fair housing requirements?

Most private landlords must comply with fair housing laws. Limited exemptions exist for owner-occupied buildings with no more than two units or rooms.

Can I refuse to rent to someone with a criminal history?

While criminal history itself is not a protected characteristic, blanket bans on applicants with criminal records may have a discriminatory impact and should be avoided. Consider each case individually.

Do I have to accept Section 8 vouchers?

Yes. New Jersey law prohibits discrimination based on source of lawful income, including housing assistance vouchers.

What should I do if I receive a discrimination complaint?

Conclusion

Compliance with New Jersey's fair housing laws requires ongoing attention to detail, consistent policies, and regular training. Property managers and housing providers should:

By following these guidelines and maintaining strong compliance practices, housing providers can reduce their risk of violations while ensuring equal access to housing for all New Jersey residents.