|
TRENTON
– Attorney General Paula T. Dow and
Division on Civil Rights Director Chinh
Q. Le today issued an updated legal memorandum
detailing the rights of property buyers
and renters under state and federal law,
as well as the obligations of property sellers
and real estate professionals.
The memorandum is available to any member
of the public and must, by rule of the New
Jersey Real Estate Commission, be provided
by licensed real estate brokers and salespersons
to anyone listing a property with them for
rent or sale.
“This
is an important memorandum, because both
the law and practices in the real estate
industry continue to evolve,” said
Attorney General Dow. “It is vital
that those who are selling property have
a clear understanding of what is required
of them, and it’s equally vital that
those who are buying or renting property
know their rights.”
“Beyond
restating black-letter law on housing discrimination,”
said Director Le, “the revised memorandum
provides clearer guidance on issues that
impact those who receive rental assistance,
families with children, persons with conviction
and arrest records and immigrants."
While
the memorandum issued today repeats some
content contained in a prior State memorandum
on housing sales and rentals, language new
to the current version notes that the Division
takes the position that certain actions
may violate New Jersey’s Law Against
Discrimination (LAD) and/or federal civil
rights housing laws including:
·
The application of “minimum income”
rental requirements that are not sufficiently
tailored to take proper and proportional
account of rent subsidies, housing vouchers,
rental assistance, or other similar sources
of lawful income specifically designed to
alleviate some or all of a tenant’s
rental cost;
·
The application of inflexible or no-exception
policies that effectively exclude housing
opportunities for persons with conviction
or arrest records, except those specifically
permitted under federal law;
·
The application of inflexible or no-exception
rental policies placing restrictions on
the maximum number of occupants greater
than those required by federal, state, and/or
local laws, which may unreasonably limit
or exclude housing opportunities for certain
families with children
·
The selective inquiry about, or request
for information and/or documentation of,
a prospective tenant’s or buyer’s
immigration status, based on the person’s
national origin, race, or any other protected
status.
The
housing memorandum is available
here. Anyone seeking additional information
about state and federal housing laws, or
who has questions -- including how to report
a complaint – are urged to visit the
Division on Civil Rights Web site at www.NJCivilRights.gov
or contact the Division’s Housing
Hotline at (866) 405-3050.
### |
