NJ Law Against Discrimination
How New Jersey's fair housing law goes beyond the federal Fair Housing Act: the extra protected classes, the narrower exemptions and what a licensee must do.
Sources: N.J.S.A. 10:5-1 et seq.; N.J.A.C. 11:5-6.4; N.J.S.A. 46:8-52 et seq.
Law Against Discrimination in one paragraph
Federal Fair Housing Act vs New Jersey LAD
| Federal Fair Housing Act | NJ Law Against Discrimination | |
|---|---|---|
| Protected classes | 7: race, color, religion, national origin, sex, disability, familial status | Those 7 plus ancestry, nationality, pregnancy or breastfeeding, sexual orientation, gender identity or expression, marital, civil union and domestic partnership status, liability for military service and source of lawful income |
| Limited owner exemptions | Certain owner-occupied buildings of up to 4 units and qualifying owner-handled single-family transactions. Conditions apply; discriminatory advertising remains prohibited | Only renting the other unit of an owner-occupied two-family home, or rooms in an owner-occupied one-family home |
| Housing for older persons | Exempt from familial status rules | Exempt from familial status rules |
| Where to complain | HUD within 1 year, or federal court within 2 years | Division on Civil Rights within 180 days, or Superior Court within 2 years |
Law Against Discrimination: 4 rules to memorize
Federal 7, plus a lot more.
The LAD protects everyone federal law does, and adds classes like marital status, sexual orientation, gender identity and source of lawful income.
Vouchers are protected.
A landlord cannot turn someone away because they pay rent with a Section 8 voucher or other lawful income.
Hand over the LAD summary.
When you take a residential listing, give the owner the Attorney General's LAD summary. If the owner says they will discriminate, do not take the listing.
Never talk neighborhood makeup.
Do not ask about or give information on the racial composition of a neighborhood or whether it has a group home. Tell the buyer they can research it themselves.
Law Against Discrimination, explained
In housing, the LAD protects race, color, creed or religion, national origin, nationality and ancestry, sex, pregnancy or breastfeeding, sexual orientation, gender identity or expression, disability, marital, civil union and domestic partnership status, liability for military service, familial status, and source of lawful income used for rent or mortgage payments. Protection covers actual or perceived status, so a landlord who guesses wrong about someone is still liable.
Licensee duties come from N.J.A.C. 11:5-6.4. You cannot deny brokerage services to anyone for a protected reason or join any plan to discriminate. When you take a residential listing, you give the owner a copy of the Attorney General's LAD summary, and if the owner says they intend to break the law, you do not accept the listing. If a buyer asks about the racial makeup of a neighborhood or whether there is a group home nearby, you do not answer. You tell them they are free to look into it on their own.
Know the prohibited practices by name. Steering is guiding buyers toward or away from areas because of a protected characteristic. Blockbusting, also called panic peddling, is pushing owners to sell by suggesting a protected group is moving in. Redlining is refusing loans or insurance in an area because of who lives there. Discriminatory advertising is banned outright, and so is falsely saying a home is not available.
Disability rules show up too. Landlords must make reasonable accommodations, meaning changes to rules or policies, and allow reasonable modifications to the unit, generally at the tenant's expense. A qualifying assistance animal, including an emotional support animal, can require a reasonable accommodation to a no-pets rule. A housing provider cannot charge a pet fee for that accommodation.
Complaints go to the NJ Division on Civil Rights within 180 days, or to Superior Court within two years. Separately, the Fair Chance in Housing Act limits criminal history checks: most landlords cannot ask about it until after a conditional offer, and can never consider arrests without a conviction, expunged records or juvenile cases. Owner-occupied buildings with four or fewer units are exempt from that act.
How the exam tries to trip you up
- The question lists four characteristics and asks which is not protected. Credit score and being a smoker are not protected. Source of lawful income, marital status and liability for military service are.
- An owner-occupied fourplex may qualify for a limited federal exemption but not the LAD rental exemption. Discriminatory advertising remains prohibited, and separate laws, including the Civil Rights Act of 1866, still protect against race discrimination.
- The buyer asks a reasonable-sounding question about the neighborhood's racial makeup. The right answer is never to answer it, but to tell them they can research it themselves.
- The seller is your client, so it is tempting to follow instructions. An instruction to discriminate is the exception: you refuse the listing.
Law Against Discrimination practice questions
Which New Jersey law prohibits housing discrimination, with broader protections than federal law?
Law Against Discrimination flashcards
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All 6 terms at a glanceShowHide
- Steering
- Guiding buyers toward or away from areas based on a protected characteristic.
- Blockbusting
- Pushing owners to sell by suggesting a protected group is moving in. Also called panic peddling.
- Redlining
- Refusing loans or insurance in an area because of the people who live there.
- Source of lawful income
- LAD protection covering vouchers and other lawful income used for rent or mortgage payments.
- Reasonable modification
- A physical change to a unit for a person with a disability, generally at the tenant's expense.
- Fair Chance in Housing Act
- NJ law barring most landlords from asking about criminal history until after a conditional offer.
Law Against Discrimination: common questions
Sources and further reading
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