New Jersey Fair Housing Act: An Overview

The Fair Housing Act (FHA) ensures equal housing opportunities for all residents, regardless of race, religion, national origin, sex, disability, or familial status. As a landlord, it is crucial for you to ensure compliance with the Landlord-Tenant Laws and the Fair Housing Laws.

The Fair Housing Act is a federal law enacted in 1968 with the primary purpose of preventing discrimination in the housing market. This law prohibits discriminatory practices in various aspects of housing, including renting, selling, financing, and advertising residential properties.

What Oversees Fair Housing?

The FHA is overseen and enforced primarily by the U.S. Department of Housing and Urban Development (HUD). HUD is a federal agency responsible for administering programs and policies related to housing and urban development in the United States.

Many states and localities have their own law and agencies that work in conjunction with HUD to address housing discrimination within their jurisdictions.

Key Provisions of the Fair Housing Act

• Reasonable Accommodations and Modifications: Housing providers are required to make reasonable accommodations to allow a person with a disability equal opportunity to rent housing. Additionally, tenants with disabilities are allowed to make reasonable modifications to their living spaces at their own expense.
• Advertising: The FHA prohibits discriminatory advertising practices that indicate a preference, limitation, or discrimination based on protected characteristics of a person. This applies to all forms of advertising, including print, online, and signage.
• Affirmative Fair Housing Marketing: Certain federally funded housing programs are required to conduct an affirmative housing marketing procedure to ensure equal housing opportunities for all individuals and families.

Federally Protected Classes

The Federal Fair Housing Act protects individuals from rent discrimination based on several federally protected classes. These protected classes include:

• Race
• Color
• National Origin
• Religion
• Sex
• Familial Status
• Disability

Additional Protections For New Jersey Fair Housing Law

In addition to the protections provided by the federal Fair Housing Act (FHA), the New Jersey FHA offers additional safeguards and provisions to combat housing discrimination and promote fair housing practices within the state.

These additional New Jersey protections address specific issues and concerns relevant to New Jersey's diverse population and unique housing market to prevent housing discrimination. These additional protections under the New Jersey law include:

Sexual Orientation

In New Jersey discrimination based on sexual orientation, including an individual's actual or perceived sexual orientation or the sexual orientation of individuals with whom they associate, is prohibited.

This protection ensures that individuals are not subjected to discrimination or harassment in housing based on their sexual orientation.

Gender Identity or Expression

Discrimination based on gender identity or expression, including an individual's actual or perceived gender identity, gender-related characteristics, or the gender identity or expression of individuals with whom they associate, is prohibited in NJ.

This protection ensures that all New Jersey individuals are afforded equal access to housing opportunities without fear of discrimination or harassment.

Marital Status or Domestic Partnership/Civil Union Status

New Jersey prohibits discrimination based on marital status, domestic partnership status, or civil union status of a person. This protection ensures that individuals are not discriminated against in housing based on their marital or relationship status.

Liability for Military Service

The New Jersey FHA prohibits discrimination based on an individual's liability for military service, including their current or past military service, reserve status, or National Guard membership. This protection ensures that service members and veterans are not subjected to discrimination in housing based on their military status or obligations.

Source of Lawful Income Used for Rental or Mortgage Payments

Discrimination by landlords based on the source of lawful income used for rental or mortgage payments by a person is prohibited in NJ.

This protection ensures that individuals are not discriminated against in housing based on the source of their income, whether it be from employment, government assistance programs, child support, alimony, retirement benefits, or other lawful sources of income.

Exemptions From the Fair Housing Act

Owner-Occupied Buildings with Fewer than Four Units

The FHA exempts owner-occupied buildings with four or fewer units from the prohibition against discrimination based on familial status.

This means that landlords who live in a building with fewer than four units are generally not subject to the FHA's requirements regarding familial status discrimination when renting out units in their own residence.

Single-Family Housing Sold or Rented Without the Use of a Broker

The FHA does not apply to the rental or sale of single-family homes when the owner does not use a real estate broker, agent, or advertising indicating any preference, limitation, or discrimination.

This exemption is known as the "Mrs. Murphy exemption," named after a hypothetical homeowner, and it allows individual homeowners to rent or sell their property without being subject to the FHA's anti-discrimination provisions.

Religious Organizations and Private Clubs

The FHA provides exemptions for religious organizations and private clubs when they operate housing for members or adherents. This law exemption allows religious organizations to provide housing accommodations for their members or clergy without being subject to the FHA's anti-discrimination requirements.

Housing for Older Persons

The federal Fair Housing Act includes certain exemptions and exceptions for housing designed and operated exclusively for older persons.
These exemptions are provided under the Housing for Older Persons Act, which allows certain housing developments to restrict occupancy to individuals who are 55 years of age or older.

To qualify for these exemptions, housing developments must meet specific criteria and comply with age verification requirements.

Conclusion

The Fair Housing Act in New Jersey represents a critical step towards ensuring that all residents have access to housing without fear of discrimination.

For any concerns, it’s best to work with a reliable property management company like Lone Eagle Property Management. Contact us today and we’ll help you navigate these rules efficiently!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.