New Jersey's Law Against Discrimination
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Questions and Answers

What type of properties does the New Jersey law apply to?

  • Only commercial properties
  • All property, including open land, whether for business or residential purposes (correct)
  • Only residential properties
  • Only rental properties
  • What is the role of the Division of Civil Rights (DCR) in the Department of Law and Public Safety?

  • To enforce the law and manage complaints (correct)
  • To summarize the owner's responsibilities under the law
  • To provide legal advice to real estate brokers
  • To refuse listings for property owners
  • What must a real estate broker or salesperson provide to the owner when taking a listing for the sale or rental of property?

  • A copy of the property's appraisal report
  • A copy of the property's title report
  • A copy of the property deed
  • A copy of the Attorney General's Memorandum on Discrimination (correct)
  • What should a licensee do if the owner indicates they will not abide by the law?

    <p>Refuse the listing</p> Signup and view all the answers

    What is the purpose of the Attorney General's Memorandum on Discrimination?

    <p>To summarize the owner's responsibilities under the law</p> Signup and view all the answers

    Which type of rental is exempt from the law?

    <p>A rental of a room in an owner-occupied one-family dwelling</p> Signup and view all the answers

    What disqualifies a property from being exempt from the law?

    <p>The property was built or substantially rebuilt with the use of public funds</p> Signup and view all the answers

    Which of the following is always covered by the law?

    <p>Discrimination based on race</p> Signup and view all the answers

    Which type of housing is exempt from the law only for familial status?

    <p>Housing specifically designed for older persons</p> Signup and view all the answers

    What federal law still applies to properties exempt from the state law?

    <p>The Civil Rights Act of 1866</p> Signup and view all the answers

    Study Notes

    New Jersey's Law Against Discrimination (LAD)

    • Prohibits discrimination based on 11 protected classes:

    Protected Classes

    • Race or color
    • Religion or creed
    • National origin, nationality, or ancestry
    • Sex, pregnancy, or breastfeeding
    • Sexual orientation
    • Gender identity or expression
    • Disability
    • Marital status or domestic partnership/civil union status
    • Liability for military service
    • Familial status (having children under the age of 18)
    • Source of lawful income used for rental or mortgage payments

    New Jersey Laws and Property Sales/Rentals

    • New Jersey laws apply to all property sales and rentals, including open land, for both business and residential purposes.
    • Age is not a protected class under Housing, but it is a protected class under Lending.

    Enforcement and Compliance

    • The Division of Civil Rights (DCR) in the Department of Law and Public Safety is responsible for enforcing the law.
    • The DCR manages complaints related to the law.

    Real Estate Broker and Salesperson Responsibilities

    • When taking a listing for the sale or rental of property, brokers and salespeople must provide the owner with a copy of the Attorney General's Memorandum on Discrimination.
    • The memorandum summarizes the owner's responsibilities under the law.
    • If the owner refuses to abide by the law, the licensee must refuse the listing.

    Exceptions to the Fair Housing Law

    • The rental of an apartment in an owner-occupied two-family dwelling is exempt from the law.
    • The rental of a room in an owner-occupied one-family dwelling is exempt from the law.
    • Housing specifically designed for older persons is exempt from the law, but only for familial status.
    • Certain types of dwellings and housing designed exclusively for members of one sex are exempt from the law.

    Limitations to Exceptions

    • Exceptions do not apply if the property was built or substantially rebuilt with the use of public funds.
    • Exceptions do not apply if the property was built or substantially rebuilt with a loan insured or guaranteed by the federal government.

    Civil Rights Act of 1866

    • The Civil Rights Act of 1866 (federal law) covers all properties, including those exempt from the Fair Housing Law.
    • There is no exception for race or color under the Civil Rights Act of 1866.

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    Learn about the protected classes under New Jersey's Law Against Discrimination, including race, religion, national origin, and more.

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