New Jersey's Law Against Discrimination

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.

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