Key Takeaways
- New Jersey Law Against Discrimination (LAD) provides broader protections than federal fair housing law
- Protected classes include race, color, religion, sex, national origin, disability, familial status, plus additional NJ classes
- Additional NJ protections include marital status, domestic partnership, sexual orientation, gender identity, and source of income
- The Division on Civil Rights (DCR) enforces state fair housing laws
- Complaints must be filed within 180 days; penalties can include compensatory and punitive damages
New Jersey Fair Housing Laws
Important: This content covers New Jersey-specific fair housing provisions. You should complete the National Real Estate Exam Prep first, as federal fair housing law is heavily tested on the national portion.
New Jersey has expansive fair housing protections that go beyond federal law.
New Jersey Law Against Discrimination (LAD)
The Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) prohibits housing discrimination based on:
Federal Protected Classes (Also Protected in NJ)
| Protected Class | Federal & NJ |
|---|---|
| Race | Yes |
| Color | Yes |
| Religion | Yes |
| Sex | Yes |
| National Origin | Yes |
| Disability (Handicap) | Yes |
| Familial Status | Yes |
Additional New Jersey Protected Classes
| Additional NJ Classes | Description |
|---|---|
| Marital Status | Single, married, divorced |
| Domestic Partnership | Registered partners |
| Sexual Orientation | All orientations |
| Gender Identity/Expression | Transgender protections |
| Source of Income | Housing vouchers, assistance |
| Ancestry | Family heritage |
| Nationality | Country of origin/citizenship |
| Affectional Preference | Sexual/romantic preferences |
Key Point: New Jersey's protections are MORE EXTENSIVE than federal law. Source of income protection means landlords generally cannot refuse housing vouchers.
Enforcement
Division on Civil Rights (DCR)
The DCR is the primary enforcement agency:
| Function | Description |
|---|---|
| Investigations | Reviews discrimination complaints |
| Mediation | Attempts resolution |
| Hearings | Administrative proceedings |
| Enforcement | Issues orders and penalties |
Filing a Complaint
Complaint Process
| Requirement | Detail |
|---|---|
| Time limit | 180 days from discriminatory act |
| Where to file | Division on Civil Rights |
| Investigation | DCR investigates within 45 days |
| Resolution | Mediation, hearing, or court |
Penalties for Violations
| Type | Penalty |
|---|---|
| Compensatory damages | Actual financial losses |
| Emotional distress | Pain and suffering |
| Punitive damages | To punish intentional acts |
| Attorney's fees | Reasonable legal costs |
| Injunctive relief | Orders to stop discrimination |
| Civil penalties | Fines for violations |
Prohibited Acts
Under New Jersey law, it is illegal to:
- Refuse to sell, rent, or negotiate based on protected class
- Discriminate in terms or conditions
- Make discriminatory statements in advertising
- Represent unavailability when housing is available
- Blockbusting - inducing sales by suggesting neighborhood change
- Steering - directing buyers to/from certain areas
- Discriminatory lending - unequal loan terms
- Refuse source of income - such as housing vouchers
Exemptions
Limited exemptions may exist for:
| Exemption | Conditions |
|---|---|
| Owner-occupied small units | Very limited (2 units, owner lives there) |
| Religious organizations | For members (cannot discriminate on race) |
| Private clubs | Non-commercial |
| Senior housing | Meets 55+ or 62+ requirements |
Important: Exemptions are narrower in NJ than federal law. Real estate licensees cannot participate in any discrimination.
Advertising Requirements
All real estate advertising must:
- Use Equal Housing Opportunity logo/statement
- Avoid discriminatory language
- Not express preferences
- Comply with HUD and NJ guidelines
Which agency enforces fair housing laws in New Jersey?
Which is a protected class under New Jersey law but NOT federal fair housing law?
How long does a person have to file a fair housing complaint in New Jersey?