by Mary Ann Pidgeon, Esq.
Pidgeon & Pidgeon, PC
600 Alexander Road
Princeton, New Jersey 08540
(o) 609-520-1010/ www.pidgeonlaw.com
A landlord has a lot of flexibility in choosing a tenant but a landlord may not discriminate on certain grounds. A landlord may discriminate on some grounds but not on race, creed, sex, sexual orientation, handicap, the source of the tenant’s income and the presence of children.
Racial discrimination: The Federal Fair Housing Amendments and the New Jersey Law Against Discrimination prohibit a landlord from discriminating on the basis of race, creed, national origin, ancestry, gender or handicap status. The term “creed” has been interpreted to mean only religious belief and not moral, social philosophical or political beliefs. A court decision upheld the right of a landlord to refuse to rent to a pacifist organization.
The federal law applies to buildings with more than four units while the New Jersey LAD applies to all landlords. The LAD also includes the prohibition of discrimination based on sexual orientation. A landlord may not reject the application of the tenant, but also may not use “tactics of discouragement” which may include delay, credit investigations, withholding important information or “subtle suggestions” that the proposed tenant is not welcome in this rental unit.If discrimination is found, the court may award damages to the applicant to pay for the
cost of the increased rental and travel costs if any. One court also awarded money to compensate for pain and suffering.
Discrimination on the Basis of Sex or Marital Status: New Jersey law prohibits discrimination on the basis of sex or marital status. An unmarried woman cannot be denied the right to rent. Two single women cannot be denied the right to lease an apartment and an unmarried man and woman also cannot be discriminated against because they are not married.
Discrimination against Children: New Jersey law prohibits the discrimination against renting to a tenant with children. The landlord also may not terminate the lease if a child is born to the renters. However, if the landlord lives in the same building and there are no more than two units, the landlord may refuse to rent to a tenant with children. Exceptions also exist for age restricted developments.
