DCR Announces Issuance of 15 Findings of Probable Cause and Settlements in 5 Additional Cases

TRENTON – Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) today announced that DCR has taken enforcement action in 20 cases alleging violations of the New Jersey Law Against Discrimination’s (LAD) prohibition against denying the opportunity to obtain housing because of a prospective tenant’s source of lawful income, such as government rental assistance. In 15 of these cases, DCR issued Findings of Probable Cause alleging discrimination based on source of lawful income.  In another five cases, DCR announced that they have finalized consent decrees with property owners, property managers, and real estate brokers, obtaining over $105,000 in relief from those respondents for alleged violations of the LAD.

In the 15 Findings issued today, DCR found probable cause to conclude that 35 respondents across New Jersey – including property owners and property managers, as well as real estate agents and real estate brokerages – violated the LAD by denying individuals seeking rental housing the opportunity to rent based on their receipt of government rental assistance.

Twelve of the Findings of Probable Cause issued by DCR were the result of complaints filed with DCR by Housing Rights Initiative (HRI), a non-profit housing watchdog group that conducts tests to detect housing discrimination. In these 12 cases, HRI employed testers to reach out to representatives for the properties, disclosing that they would use Section 8 housing vouchers to pay rent. In each case, a real estate agent, property manager, or property owner rejected these testers, telling them that they would not accept prospective tenants with vouchers. HRI’s communications with the representatives of the properties, which were recorded, provide direct evidence of discrimination.

In five additional matters involving claims of discrimination based on source of lawful income brought by HRI, DCR has finalized consent decrees with 14 property owners, property managers, real estate brokerages, and real estate brokers.  In each case, respondents agreed to make a payment to the complainant and to pay a penalty to the State.  Respondents also agreed to adopt a fair housing policy, to train employees on the requirements of the LAD, and to ongoing monitoring by DCR of their compliance with the LAD.

“Every resident of our state deserves to have a safe, affordable place to live. We will always work to safeguard the right, enshrined in our civil rights laws, to obtain housing using government rental assistance. And with the federal government halting the work of key federal civil rights agencies, it’s more important than ever that we stand up against discrimination targeting our state’s residents,” said Attorney General Platkin. “We made a commitment to hold accountable anyone who discriminates against potential renters seeking a quality, safe place to live. We’re backing up that commitment with the enforcement actions announced today.”

“Housing discrimination continues to harm far too many of our residents,” said Sundeep Iyer, Director of the Division on Civil Rights. “The enforcement actions announced today demonstrate our ongoing commitment to holding accountable property managers, property owners, real estate agents, and their brokerages for housing discrimination, and to ensuring that recipients of government rental assistance are able to access safe, stable housing in New Jersey.”

The 15 Findings of Probable Cause announced today involved housing in Bergen, Essex, Hudson, Monmouth, and Passaic counties.  The enforcement actions included findings of probable cause against six different real estate brokerages: Opirhory Realtors, Howard Hanna Rand Realty, KP Edgestone Realty LLC, Property Advisers LLC d/b/a/ Better Home Realty, New and Modern Group LLC, and United Real Estate.

In several of the cases in which DCR issued Findings of Probable Cause, DCR’s investigation found that the housing provider’s discriminatory conduct resulted in multiple prospective tenants being turned away based on their receipt of government rental assistance. For example, DCR’s investigation of one property in Newark found at least three individuals who had reached out to the property owners and were told that the property owner does not accept Section 8 vouchers. Similarly, for one property in Jersey City, DCR’s investigation found that the property owner had never rented to a Section 8 voucher holder in their eight years of owning the property even though the owner had received multiple inquiries from Section 8 voucher holders.

In another case, a real estate broker representing a property in Elmwood Park violated the LAD by verbally stating that a unit was “not equipped for Section 8.”  Internal text messages obtained during DCR’s investigation showed that, in response to other inquiries from prospective tenants with vouchers, the real estate agent had made derogatory statements about Section 8 voucher-holders and suggested that she does not generally show apartments to individuals with housing vouchers.

Meanwhile, in one case involving another property in Jersey City, DCR found probable cause that a real estate broker violated the LAD not only by indicating that the landlord “doesn’t accept Section 8,” but also for stating that the applicant would not qualify because the landlord was looking for a minimum monthly income of three times the monthly rent without accounting for the portion of the rent paid by a voucher.

A finding of probable cause is not a final adjudication on the merits of a case; it means DCR has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the LAD has been violated.

The five consent decrees announced today involved a total of 14 housing providers, real estate agents, and real estate brokers. They involved properties in Newark and Jersey City.  The consent decrees – which include resolution agreements with three different real estate brokerages:  Keller Williams City Life Realty, Weichert Realtors Jersey City Downtown, and Realty Mark LLC – require the respondents in all five of these cases to make a payment to complainants, as well as a payment to DCR.

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

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

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