Chapter 11 Fair Housing

New Jersey Real Estate for Salespersons and Brokers

By Marcia Darvin SpadaThomson/South-Western

Copyright, 2006

Chapter 11 Fair Housing

Chapter 11

Fair Housing

Chapter 11 Fair Housing

Chapter 11 Key Terms Americans with

Disabilities Act Attorney General’s

Memorandum Blockbusting Civil Rights Act of

1866 Dept. of Housing and

Urban Development (HUD)

Disability

Familial status Federal Fair housing

Act of 1968 NJ Division on Civil

Rights NJ Law Against

Discrimination (LAD) Redlining Steering Blockbusting

Chapter 11 Fair Housing

Upholding Fair Housing

Fair Housing Training

Record KeepingEqual Service

Chapter 11 Fair Housing

Federal and State Antidiscrimination Laws Civil Rights Act of 1866

prohibited discrimination based on race

U.S. Supreme Court Decisions

1. Plessy v. Ferguson (1916) —separate but equal is legal

2. Buchanan v. Warley (1917) declared block by block zoning illegal

3. Brown v. Board of Education (1954)

separate but equal not legal

Fair Housing Act (1968)

prohibited housing discrimination based

on race, color, religion, national origin

1988 amendments

prohibited discrimination based on

disabilities/familial status

Americans with Disabilities Act (1992)

design of public and commercial facilities

and multi-family housing

New Jersey Law Against Discrimination

adds protected classes: marital status,

sexual or affectional orientation; creed,

ancestry, domestic partnership status;

applies to commercial properties

Chapter 11 Fair Housing

Fair Housing Violations

Blockbusting

Redlining

Steering

Chapter 11 Fair Housing

Enforcement Under the Federal Fair Housing Act

$10,000 first offense

$25,000 if violation occurs within 5 years

$25,000 or $50,000 without limitation of time

if multiple discriminatory acts

Actual and punitive damages with no limitation

Chapter 11 Fair Housing

Protected Classes under the NJ LAD

Race

Creed

Color

National origin

Nationality

Ancestry

Marital status

Familial status

Affectional or sexual

orientation

Sex

Mental and physical

disability

Domestic partnership

status

Chapter 11 Fair Housing

Memorandum from the Attorney General To inform people

about fair housing laws to ensure their compliance

Given to a seller or owner at the time of listing a property for sale or rent

Chapter 11 Fair Housing

Penalties for Violating the NJ LAD $10,000 first offense

$25,000 second offense

$50,000 third offense

Cease and desist order

Payment of damages

Chapter 11 Fair Housing

Mt. Laurel I and II

Localities may not use exclusionary

zoning ordinances and building

codes to restrict the development of

low and

moderate-income housing

Chapter 11 Fair Housing

Testers

Volunteers that see

if race influences

the services

offered by real

estate brokers and

agents

Testers look for

unlawful racial

steering