Updated Attorney General Memorandum-July 2010
July 13, 2010
On July 13th the Attorney General sent out a notice advising Real Estate Agents, Brokers, and Owners of Real Property in New Jersey about a new “New Jersey Law Against Discrimination and Federal Fair Housing Laws” memorandum.
The Attorney General memorandum is found on the back of every listing agreement. It has been expanded to include the following text:
Please also note that the Division takes the position that the following may also violate
the LAD and/or federal civil rights housing laws:
1. 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;
2. 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;
3. 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; and
4. 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 rest of the text remains the same.
Section 11:5-6.4 (d) 3(j) requires that at the time of the taking of any listing of residential property, a licensee shall furnish to the owner a copy of a summary of the New Jersey Law Against Discrimination N.J.S.A. 10:5-1 et seq. (commonly known as the Attorney General's memorandum). The purpose of the memorandum is to help owners, as well as licensees, comply with the New Jersey Law Against Discrimination and federal laws that prohibit discrimination in the sale or rental of real estate.
To download the new memorandum in English click here
To download the new memorandum in Spanish click here
To read more about the New Jersey Law Against Discrimination click here