The notes below are intended only to supplement a complete and diligent review of the related chapter in your course text. Studying these notes alone is not expected to be adequate test preparation.

 

 

New Jersey Law Against Discrimination

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The New Jersey Law Against Discrimination (LAD) prohibits discrimination when selling or renting property. You cannot choose renters or buyers based on a person's race, creed, color, national origin, nationality, ancestry, marital status, familial status, affectional or sexual orientation, sex, or mental and physical disability, including AIDS and HIV-related illness. The LAD does not prohibit discrimination on the basis of age in a housing context. However, it is unlawful to discriminate against families with children, except in certain qualified housing developments intended specifically for older persons, which may be allowed to exclude children. The LAD also does not prohibit discrimination on the basis of sex where the property is planned exclusively for and occupied exclusively by individuals of one sex.

 

By way of example, it is illegal for a landlord or real estate professional to refuse to rent:

1. to a single mother with children, if this decision is made on the basis of her marital status;

2. a one bedroom apartment to two members of the same sex, if they are otherwise qualified;

3. to an individual with a mental or physical disability. However, generally under the LAD, a landlord in an existing building is not required to modify the property to provide assistance to a person with a disability. On the other hand, the landlord is prohibited from charging extra fees for any accommodations provided to a person with a disability. For example, a landlord cannot charge a person with a disability extra rent for keeping a guide or service animal. The landlord is, however, entitled to reimbursement for damage done by a guide or service animal;

4. to an individual with a disability who relies on a guide or service animal, even if the facility does not permit pets;

5. to a person with AIDS or HIV infection or to someone perceived to have AIDS or HIV infection.

6. In addition, it is illegal to subject a renter, applicant, or home buyer to sexual harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature.

 

Landlords may require that a potential tenant complete an application with questions regarding the applicant's income, credit history and debts, as long as all prospective tenants are required to complete the same application and all tenants are selected on the basis of uniform standards. The form must not contain any reference to race, creed, color, national origin, nationality, ancestry, sex, marital status, affectional or sexual orientation, familial status or disability.