What fair housing laws must landlords follow?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Fair Housing Laws Landlords Must Follow in New Jersey
As a landlord operating in New Jersey, it is essential to understand and comply with the fair housing laws designed to protect tenants from discrimination. These laws are intended to ensure equal access to housing opportunities regardless of personal characteristics and to foster an inclusive community environment. Compliance not only helps you avoid legal liabilities but also supports ethical business practices.
This guide provides a detailed overview of the fair housing requirements specific to New Jersey landlords.
1. Overview of Fair Housing Laws in New Jersey
Federal Fair Housing Act (FHA)
While New Jersey has its own state laws, the Federal Fair Housing Act is the foundational legislation that prohibits discrimination in housing based on certain protected classes. The FHA applies nationwide, including New Jersey, and prohibits discrimination in the sale, rental, and financing of dwellings.
New Jersey Law Against Discrimination (NJLAD)
New Jersey’s own Law Against Discrimination (NJLAD) provides broader protections beyond the Federal FHA. The NJLAD is enforced by the New Jersey Division on Civil Rights and applies to landlords, property managers, and housing providers within the state.
2. Protected Classes Under New Jersey Fair Housing Laws
Both the Federal Fair Housing Act and New Jersey’s Law Against Discrimination prohibit discrimination based on the following protected classes:
- Race
- Color
- National Origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial Status (presence of children under 18 in the household)
- Disability
- Sexual Orientation
- Gender Identity or Expression
- Marital Status
- Civil Union Status
- Source of Lawful Income (e.g., Section 8 vouchers, Social Security, or veteran benefits)
- Ancestry
- Occupation
- Military Service
3. What Landlords Must Not Do
Prohibited Practices
Under federal and state law, landlords must refrain from discriminatory actions at every stage of the rental process, including advertising, screening, leasing, and eviction. Specific prohibited behaviors include:
- Refusing to Rent or Lease: Denying housing to a prospective tenant solely because they belong to a protected class.
- Different Terms or Conditions: Offering different rental terms (e.g., security deposit amounts, lease duration) based on protected class.
- Advertising Discrimination: Using language in ads that expresses a preference or limitation related to protected classes (e.g., “No children,” “Christian preferred”).
- Refusing Reasonable Accommodations: Failing to provide reasonable accommodations or modifications for tenants with disabilities (e.g., allowing service animals, modifying units).
- Harassment or Retaliation: Engaging in or permitting harassment based on protected class or retaliating against tenants who file discrimination complaints.
- Inquiries About Protected Status: Asking questions about a prospective tenant’s protected class status that may indicate discrimination.
4. Reasonable Accommodations and Modifications for Disabilities
New Jersey landlords have additional responsibilities to tenants with disabilities under the NJLAD and federal law. These include:
- Allowing Reasonable Accommodations: Adjusting policies or procedures to enable equal use and enjoyment of housing (e.g., waiving “no pets” rules for service animals).
- Permitting Reasonable Modifications: Allowing tenants to make physical changes to the unit at their own expense (e.g., installing grab bars or ramps), provided the unit can be restored upon move-out.
- Confidentiality: Maintaining tenant privacy regarding disabilities or medical information.
5. Advertising and Marketing Guidelines
When marketing rental properties in New Jersey, landlords must:
- Use Inclusive Language: Avoid phrases that indicate preference, limitation, or discrimination against any protected class.
- Include Equal Housing Opportunity Statements: Including the HUD Equal Housing Opportunity logo or statement is best practice to demonstrate commitment to fair housing.
6. Tenant Screening and Application Process
To comply with New Jersey fair housing laws:
- Use Consistent Screening Criteria: Apply the same standards (income requirements, credit checks, background checks) to all applicants.
- Do Not Ask About Protected Classes: Avoid questions about race, religion, national origin, family status, or disability, unless related to a permitted accommodation request.
- Accept Lawful Sources of Income: Do not reject applicants solely because they pay rent with government assistance or housing vouchers.
7. Handling Complaints and Enforcement
Enforcement Agencies
- New Jersey Division on Civil Rights (DCR): Enforces NJLAD and investigates housing discrimination complaints statewide.
- U.S. Department of Housing and Urban Development (HUD): Handles enforcement of the Federal Fair Housing Act.
Landlord Obligations if a Complaint Arises
- Cooperate fully with investigations.
- Avoid retaliation against complainants.
- Address potential discrimination promptly and thoroughly.
8. Best Practices for New Jersey Landlords
- Educate Yourself and Staff: Regularly train on fair housing laws and update policies accordingly.
- Maintain Documentation: Keep detailed records of rental applications, communications, and decisions to provide evidence of nondiscrimination.
- Use Standardized Forms: Employ consistent applications and lease agreements.
- Consult Legal Counsel: When in doubt about fair housing issues, consult qualified attorneys specializing in landlord-tenant law.
Conclusion
Fair housing compliance is vital for landlords in New Jersey to provide equitable housing opportunities and to avoid costly legal issues. By understanding the protected classes, prohibited practices, and requirements under both federal and New Jersey law, landlords can operate confidently and fairly. Establishing nondiscriminatory policies and maintaining vigilance in marketing, screening, and tenant relations fosters a successful and lawful rental operation.
For more detailed guidance, landlords should refer to resources provided by the New Jersey Division on Civil Rights and the U.S. Department of Housing and Urban Development.