Chapter 11 Fair Housing New Jersey Real Estate for Salespersons and Brokers By Marcia Darvin Spada Thomson/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 Keeping Equal 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 Steering Redlining Blockbusting

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