Real Estate Journal — Owners, Developers & Managers — June 23 - July 13, 2017 — 3B
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O wners , D evelopers & M anagers By Jennifer L. Alexander, Esq., Griffin Alexander, P.C. Navigating the Complexities of Fair Housing Laws
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Attorney Advertising Material © 2017 Griffin Alexander, P.C. All rights reserved. 1 42 U.S.C.S. § 3604(a). 2 Id. 342 U.S.C.S. § 3604(c). 4 N.J. Stat. § 10:5-1. 5 42 U.S.C.S. § 3604(f)(3)(A) and (B). 6 Id. 7 42 U.S.C.S. § 3604(f)(3)(A). 8 Id. 9 42 U.S.C.S. § 3604(f)(3)(B).
h e Fa i r Ho u s i ng Amendments Act of 1988 (“FHAA”) is a
This prevents a possible con- strual that the community is attempting to preclude the rental of apartments to those classes not included in its ad- vertising. This alone may not be determinative as discrimi- nation in advertising, but the goal of the fair housing laws is to promote awareness. Landlords must also pro- vide requested reasonable accommodations or modifi- cations to individuals with handicaps. 5 It is considered discriminatory if landlords refuse to provide requested reasonable accommodations/ modifications. 6 Landlords are
required to provide reason- able modifications if they are “necessary to afford such a person full enjoyment of the premises.” 7 An exception to this policy allows landlords to condition a reasonable modifi- cation on the requirement to have the handicapped tenant restore the modified apart- ment to its original condition upon vacating the apartment if it would affect the use and enjoyment of the apartment by the next resident. 8 Landlords are required to provide a reasonable accom- modation in “rules, policies, practices, or services, when
such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” 9 An accommodation, however, is not reasonable if it causes an undue financial or ad- ministrative hardship on the landlord. To handle the complexities of these Acts, let skillful, ex- perienced, and knowledgeable attorneys assist you. Contact Griffin Alexander, P.C. with questions, comments or con- cerns. Jennifer L. Alexander is a partner at Griffin Alex- ander, P.C. n
federal law prohibiting discrimina- tion in the r e n t a l o f d w e l l i n g s for certain p r o t e c t e d classes. 1 The exhaustive
Jennifer Alexander
list of protected consists of race, color, religion, sex, fa- milial status, national origin, familial status and handicap. 2 The FHAA also prohibits the publishing or causing to be published “any notice, state- ment, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination . . .” of the pro- tected classes noted above. 3 The Americans with Dis- abilities Act (“ADA”) also pro- vides additional protection for individuals with disabilities. The New Jersey Law Against Discrimination (“LAD”) is a state law that expands upon the federal requirements to include additional protected classes that are not otherwise covered by federal law. 4 In the rental of apartments, ignorance of the Fair Housing Act, FHAA, ADA, or the LAD (collectively “Acts”) is not con- sidered an excuse for avoiding liability. A discriminatory act or statement at any stage of the rental process can place landlords on the losing side of a lawsuit. Landlords are best protected against liability under the Acts when ensuring that the staff is educated on, and aware of, the complexities of these Acts. Landlords can be held li- able, through vicarious liabil- ity, for any discriminatory act made by an employee who is at any level in the company. By holding landlords liable for all levels of employment, the landlord must take affirma- tive action to provide training to all staff. The Fair Housing Act pro- hibits advertising that pre- cludes the rental of an apart- ment to a member of a pro- tected class. Landlords must ensure that all advertising is open to individuals of the protected classes noted above. Advertisements that show residents within the commu- nity should include diverse members of multiple classes.
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