Fair Housing

All citizens have the right to obtain housing without being discriminated against. 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 40^th 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.

Click here for the Attorney General's Memorandum which requires all licensees to provide a property owner with a summary of the New Jersey Law Against Discrimination at the time of the taking of any listing of residential property.

REALTORS^® support fair housing by adhering to a strict Code of Ethics. 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

• 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

Fair Housing & Advertising

The Fair Housing Act prohibits making, printing, or publishing, or causing to be made, printed, or published, any advertisement that states a preference based on race, color, religion, sex, disability, familial status or national origin. The U.S. Department of Housing and Urban Development offers a Fair Housing Advertising Guidelines brochure and a Guidance Regarding Advertisements Under S804(c) of the Fair Housing Act to help REALTORS^® and property owners identify words, phrases and symbols that may be used in real estate advertising.

Following are some things that should be avoided when advertising:

• Using words or phrases that convey the preference of one group over another. When in doubt, use words that describe features on the property ("near six-mile paved exercise trail through woods") rather than the buyers who might want to use the feature ("great for joggers").
• Describing the dwelling, area, or building residents with words that relate to race, color, religion, age, familial status, or national origin ("Hispanic neighborhood" or "adult building")
• Using catchwords such as "exclusive," "private," or "integrated" that convey preferences for one group over another or send signals about a community's makeup.
• Making references to well-known racial, ethnic, or religious landmarks nearby.

Click here for information about what to do if you have been discriminated against.

Click here for other free fair housing resources.

To File a Housing Discrimination Complaint with the Federal Government:
New Jersey residents may contact:
Fair Housing Enforcement Center
U.S. Department of Housing and Urban Development
26 Federal Plaza, Room 3532
New York, NY 10278-0068
(212) 264-9610 or (800) 496-4294
TTY (212) 264-0927

For More Information or To File a Housing Discrimination Complaint Contact:
New Jersey Department of Law and Public Safety's Division on Civil Rights.

The Office of Landlord/Tenant Information, within the New Jersey Department of Community Affairs' Division of Codes and Standards, publishes a Truth-in-Renting booklet that serves as a guide to the rights and responsibilities of residential landlords and tenants in New Jersey. To order a copy of this booklet call (609) 292-4174.