New Jersey’s Law Against Discrimination (LAD) Bars Housing Providers from Discriminating Against Potential Tenants Based on Their Receipt of Rental Assistance

TRENTON — Attorney General Matthew J. Platkin announced today that the New Jersey Division on Civil Rights (DCR) has issued findings of probable cause in another ten cases involving alleged violations of the New Jersey Law Against Discrimination’s prohibition against housing discrimination based on source of lawful income.

All ten cases involve allegations that individuals seeking rental housing were denied the opportunity to rent because they were receiving rental assistance or because their prospective landlord refused to complete and return required documentation that was necessary for them to obtain rental assistance. Under New Jersey’s Law Against Discrimination (LAD), landlords cannot refuse to rent to potential tenants or discourage them from renting because they receive rental assistance from the government or a third party.

The findings of probable cause announced today involve properties in seven counties across New Jersey: Atlantic, Burlington, Camden, Essex, Hudson, Ocean, and Union. The findings were issued against property owners, landlords, and property managers.

“We are dedicated to protecting New Jerseyans’ right to use government rental assistance to access affordable housing,” said Attorney General Platkin. “Refusing to rent to or otherwise discouraging applicants from renting because they receive rental assistance violates the Law Against Discrimination. The enforcement actions announced today demonstrate our continued efforts to protect our residents by holding violators accountable.”

“Throughout 2024, fighting housing discrimination has been one of DCR’s core priorities. That’s why we are continuing our work across the state to hold housing providers accountable for discriminating against tenants in violation of our civil rights laws,” said Sundeep Iyer, Director of the Division on Civil Rights. “Rental assistance plays a critical role in enabling many New Jerseyans to access safe, stable housing. Our laws make clear that discrimination against recipients of rental assistance has no place in New Jersey, and we remain committed to enforcing those protections.”

In one finding of probable cause announced today, a complainant responded to a unit in Mount Laurel advertised for rent on Zillow.com. After she disclosed that she has an emotional support animal (ESA) and would be using rental assistance, the housing provider cut off contact with the complainant and stopped responding.

Later the same day, using a different account and not mentioning the rental assistance or the ESA, the complainant contacted the housing provider. The housing provider scheduled an appointment with the complainant. Upon learning about the rental assistance and ESA during the appointment, the housing provider informed the applicant that they “decided to do some updates to the space before renting it” and pulled the advertisement from Zillow.com.

However, the housing provider continued to advertise the unit on Apartmentguide.com. When a friend of the complainant responded to the ad on Apartmentguide.com, the housing provider asked the friend a set of introductory questions about credit score, number of occupants, and pets. The housing provider did not inform the friend that the unit was no longer available to rent, as the housing provider had advised the complainant just two days earlier.

Meanwhile, in another finding of probable cause announced today, the owners of a rental unit in Somerdale broke contact with an applicant after learning that the applicant intended to use rental assistance. When the applicant contacted the property owners again using a different phone number, the applicant was informed that the unit was still available. During that conversation, the owners informed the applicant that they would not accept rental assistance.

In several other cases, the property owners either claimed that they believed they were not required to accept Section 8 vouchers, that they would not allow Section 8 vouchers, that the property was not eligible for Section 8, or that they were unwilling to make the repairs allegedly required for their properties to be eligible for the Section 8 Program.

The issuance of Findings of Probable Cause does not represent a final adjudication of these cases. Rather, it indicates that DCR has concluded its preliminary investigation and determined sufficient evidence exists to support a reasonable suspicion that the LAD has been violated. The matter then goes to conciliation, giving the parties an opportunity to negotiate a voluntary resolution of the matter. If the parties are unable to reach a voluntary resolution, a Deputy Attorney General will be appointed to prosecute the matter either in Superior Court or in the New Jersey Office of Administrative Law.

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The New Jersey Division on Civil Rights (DCR) works to prevent, eliminate, and remedy discrimination and bias-based harassment in employment, housing, and places of public accommodation throughout New Jersey. DCR enforces the Law Against Discrimination, the New Jersey Family Leave Act, and the Fair Chance in Housing Act.

To find out more information or to file a complaint, go to www.njcivilrights.gov.