Its hard for me to have somebody (make a complaint) themselves, because Im the only one who is seeing the discrimination happening behind the scenes, she said. On Dec. 2, Wood said she called the investigator again and wastold that the landlord had still not responded to the complaint and said he could not move forward without a response. Woodsaid she has found it hard to trust timelines in any step of the investigation process. Following a final adjudication on the merits by the Superior Court or by the Office of Administrative Law, a respondent found conclusively to violate the LAD may be required to pay a penalty of up to $10,000 per violation for their first adjudicated violation, and up to $50,000 per violation if they commit multiple adjudicated violations within a five-year period. Washington, DC 20001 State of New Jersey | Department of Law & Public Safety, Jun 15, 2023 | Atlantic County | Division on Civil Rights | Findings of Probable Cause | Law Against Discrimination (LAD) | Middlesex County | Source-of-Income Discrimination Cases | Bias and Discrimination | Civil Rights | Division on Civil Rights | Press Release. Hackettstown, NJ 07840 Laws in other places do not require landlords to participate in rental assistance programs like housing vouchers. What sources of income are protected? The Westchester County Fair Housing Law protects Westchester residents from discrimination in housing on the basis of race, color, religion, ethnicity, creed, age, national origin, alienage or citizenship status, familial status, gender, marital status, sexual orientation and disability. Because there's clearly no timeline by law. Kimberly, a 42-year-old Woodbridge mother of two, said she was given the same six- to eight-week timeline when the Division on Civil Rights accepted her discrimination complaint almost three months ago. NEXUS will collaborate with DCR on initiatives to educate and train its members and employees on the LAD and the prohibition on source of lawful income discrimination in New Jersey. Im trying to be not so much patient, because this happened in August but Ill wait for the holidays to pass and let this year end and go into a new year, and then Ill go forward with another route.. Our laws provide strong protections against housing discrimination, and we are committed to enforcing them and ensuring that all New Jersey residents have access to safe, affordable housing,saidSundeep Iyer, Director of the Division on Civil Rights. 1993 - Prohibition against discrimination based on familial status added to housing provisions; 2002 - New Jersey became one of the few states in the nation to protect persons from unlawful discrimination in housing based on their lawful source of income or rental subsidy, including Section 8 housing vouchers. This compilation updates Join our community of over 2 million activists across the nation fighting for change and for justice. Discrimination based on "source of lawful income used for mortgage or rental payments," means, for example, that a landlord cannot reject a prospective tenant because he or she intends to rely on a Section 8 rental voucher, FEMA voucher issued to Superstorm Sandy victims, or other types of rent subsidies. b. Otherwise, we invite you to learn more about the many benefits of CLPHA membership. Alandlord chargesAfrican-American orLatino tenants a larger security deposit, or higher rent, thanCaucasian tenants. The ABA 2017 Policy & Report contains the following definition: 1) a lawful profession, occupation, or job; 2) any government or private assistance, grant, loan or rental assistance program, including low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937; 3) a gift, an inheritance, a pension, an annuity, alimony, child support, or other consideration or benefit; or 4) the sale or pledge of property or an interest 5) in property. Under the settlement agreements and consent decrees announced today, the housing provider has agreed to comply with the LADs prohibition against source-of-income discrimination in housing, to receive training on its obligation as a housing provider under the LAD, and to make a payment to the individual complainant to resolve the complainants claims. The findings of probable cause were issued in four cases involving the denial of rental housing in Atlantic, Camden, and Hudson counties. She first submittedher complaint with the state on Aug. 25 after a landlord rejected her tenancy for an apartment because of her Section 8 voucher. In a growing number of places, these denials are illegal. Protections from Discrimination or Harassment in Housing Based on Your Source of Lawful Income New Jersey has limited rental assistance for tenants unable to pay rent due to the COVID-19 pandemic.While there are many more people in need of assistance than funds available to help, recent federal funding means that some programs may have additional rental assistance soon. To find out more information, go towww.njcivilrights.gov. As a result, source of income (SOI) discrimination contributes to the perpetuation of racially segregated communities and neighborhoods with concentrated poverty. It seemed like a step up from her Edison apartment building, plagued with cigarette smoke and cockroaches. Whats the purpose of a strong law like that if it just doesnt work? he said. Brokerage. New Jersey explicitly defined in guidance that ERAP is covered under their antidiscrimination laws. In New Jersey, the law protects the right to affordable housing, said Attorney General Platkin. Shapiro, the tenants advocate, said he believes a six- to eight-week investigation period should at least be enough to produce a progress report for the complainant. Since then, she has not heard from her assigned investigator. New Jersey AG Platkin Tackles Source-of-Income Discrimination Call-In:(908) 852-1234. The New Jersey Apartment Association (NJAA), a statewide real estate organization representing the multi-family rental housing industry, is updating its website to include more specific information on fair housing in New Jersey, including the prohibition against discrimination based on source of lawful income. And when she checked the online portal last month, it showed no pending cases. All eight cases involve allegations that individuals seeking rental housing were denied the opportunity to rent because they were receiving federal, state, or local rental assistance. The largest and most well known of the housing assistance programs is the federally funded Housing Choice Voucher program, often referred to as Section 8. His hobbies include mountain climbing, snowmobiling, cooking, performing stand-up comedy and he is an avid squirrel watcher. If you opt in above we use this information to send related content. New Jersey explicitly defined in guidance that ERAP is covered under their antidiscrimination laws. When you fight discrimination, says Robertson, you not only help yourself; youre helping other people maintain their housing too., Apartment Walkthrough Checklist: 25 Essential Items to Review. To do so, Wood would have to collect and present evidence of the discrimination herself or hire an attorney. (E. Julian, Making the Case for Housing Mobility: the CMTO Study in Seattle (Poverty & Race, May-August 2019).). source of income discrimination by refusing to accept ERAP payments, or if the landlord accepts ERAP payments but changes the . There are many local and federal programs that help individuals and families with low incomes afford safe, decent and clean rental units or homes in which to live and raise their families. And, in one case, a discrimination complaint from 2010 remained unresolved for 10 years. PDF State of New Jersey Civil Service Commission Office of Equal Employment The Section 8 voucher program is funded by the United States Department of Housing and Urban Development (HUD) and provides assistance to low-income families, the elderly, and individuals with disabilities so that they can afford decent, safe, and sanitary housing in the private housing market. Iowa is making it harder to be a low-income renter - Vox The two consent decrees were issued in cases involving alleged housing discrimination in Essex and Somerset counties. For Wood, if resolution doesnt come from the state, she will continue doing what she has done and push the case herself. protect a broader range of income sources, such as alimony or palimony. In the Atlantic County, Bergen County, Hunterdon County, and Sussex County cases, the complaints alleged that landlords refused to rent to applicants due to the applicants intent to pay part of their rent through the Section 8 Housing Choice Voucher program (Section 8) or other rental assistance programs. Ensure bill language is broad and specific. InSeptember 2021,the Urban Institute published an article that examined howstate and local source-of-income laws can increase the effectiveness of regional emergency rental assistance programs (ERAP) and make them more equitable by expanding participation of historically marginalized communities. With the enforcement actions announced today, we remain dedicated to enforcing the strong protections against housing discrimination our laws provide.. Zillow offers a quick way to check whether a rental is located in a city, county or state that bans income-based discrimination. Alandlord refuses to rent an apartment to a family with children, will only allow families with children to live in certain buildings or on certain floors, or charges families higher security deposits. Fora printable version of the Housing Discrimination flyers, click on the links below: A real estate agent tries to persuade someone not to buy or rent a house in a certain neighborhood. Source of Income was added at the end of 2013. THEREFORE, BE IT RESOLVED, that the NAACP advocates adding "source of income" to the list of unlawful bases for discrimination in the sale or rental of housing under the Fair Housing Act (i.e. I understand its a waiting game.. Wood said she followed up with her investigator nearly weekly, asking for updates. Source of Income, Fair Housing Discrimination Update Our members representthe nations largest public housing authorities, who together manage nearly 40 percent of all public housing and administer more than a quarter of the Housing Choice Voucherprogram. Please switch to a supported browser or download one of our Mobile Apps. Fighting racial injustice by building Black political, social, and economic power, An environmental, social, and economic revolution, An inclusive culture of health and equitable social health systems, Support for young leaders and change agents, Fair and just representation for all by standing up for our rights in the courts and in Congress, WHEREAS, the average low-income American family cannot afford decent housing for their families. ), Robertson advises that the local agency that manages the housing vouchers may be able to refer you to agencies that can help. The two consent decrees were issued in cases involving alleged housing discrimination in Essex and Somerset counties. (R. Chetty, et al., Creating Moves to Opportunity: Experimental Evidence on Barriers to Neighborhood Choice (Aug. Source-of-income discrimination is often directed at those whose lawful income comes from sources other than a paycheck, including Social Security payments, any form of government assistance, or child support. Three of the cases were resolved via negotiated settlement agreements (NSA) prior to the conclusion of DCRs investigation. In fact, millions of people across the country struggle to find affordable rental homes. Council of Large Public Housing Authorities Following a DCR investigation and the issuance of a finding of probable cause against the landlords and property managers, each landlord agreed to resolve the case through a consent decree. Source of Income Discrimination | NAACP Under the program, tenants may pay a share of the rent, and the local public housing authority pays the rest directly to the landlord. Anti-Discrimination Resolution in the Construction Industry. "How much time do they have to investigate? Economist Raj Chetty and his team recently completed an experimental study of housing mobility in the Seattle region and demonstrated that, with assistance, a majority of voucher families were able to choose to move to high opportunity communities. It was Shapiros group 20 years ago that helped fold protections for holders of Section 8 vouchersinto the Law Against Discrimination, the same state law that aims to protect housing seekers from being discriminated against on the basis of their race, color, religion, and other classifications. Notwithstanding the bolstered discrimination law, Section 8 voucher holders told the Press that their complaints of source-of-income discrimination to the state go unanswered for weeks at a time leaving them with little recourse. Victims alleging discrimination can file a complaint on the Division on Civil Rights websitethrough a portal launched last year known as the New Jersey Bias Investigation Access System. Findings of probable cause do not represent final adjudications of the cases on the merits. In Washington, D.C., individuals who violate the D.C. Human Rights Act are subject to damages and civil penalties ranging from $10,000 to $50,000 per discriminatory act. Required fields are marked *. Source of Income Discrimination is Against the Law SHARE What is Covered by the Law? A quick way to see whether a rental home is located in a place that bans income-based discrimination is to check for Local Legal Protections on the rentals listings at Zillow.com. Zillow (Canada), Inc. holds real estate brokerage licenses in multiple provinces. 442-H New York Standard Operating Procedures New York Fair Housing NoticeTREC: Information about brokerage services, Consumer protection noticeCalifornia DRE #1522444Contact Zillow, Inc. Rent payments are reliable and the HCV payment is recession proof.. PDF Advocacy Tips for Using Source of Income Laws to Prevent - NHLP It's about to be January.". Philip Tegeler is executive director of the Poverty Race and Research Action Council (PRRAC). I thought that this may have been a better option for me, Wood said. But when she checked the divisions online portal Monday, Kimberly said the status of her complaint still read: Pending respondent response., I dont know the process or how backed up they are, Kimberly said. AG Platkin announces enforcement actions in source-of-income Matt Shapiro, president of the New Jersey Tenants Organization, said the lack of movement in Woods case illustrates the states failure to fully address such housing discrimination. From the point of view of this tenant, who is being effectively ignored, its horrendous.. For example, Washington, DC, explicitly names voucher holders as a protected class (D.C. Official Code 2-1402.31), New Jersey simply protects "source of lawful income" without defining the phrase (New Jersey Stat. State of New Jersey Your Money's No Good Here: Combatting Source of Income Discrimination Nineteen out of 28 cases filed in 2021 are still under investigation. State of New Jersey . Wood said she was then told processing of her case would take an additional six to eight weeks. Understand the perception of the local housing agencies that administer vouchers and attempt to address any challenges. Know the Law | Employment Discrimination - New Jersey Office of The New Jersey Law Against Discrimination. For example, some places only protect sources of public assistance, such as those provided through housing vouchers and rapid re-housing and permanent supportive housing programs. Zillow, Inc. holds real estate brokerage licenses in multiple states. The consent decrees impose the following remedies: In both matters, the housing provider does not admit liability for violating the LAD. It's time to renew your membership and keep access to free CLE, valuable publications and more. American Bar Association You received a recording of a phone call that clearly stated discrimination. An African-American person answers a newspaper ad for an apartment. The information provided here was updated on May 6, 2021 and may be incomplete or out-of-date. Because of her honorable service to the United States, she was entitled to a VASH vouchera kind of Section 8 or Housing Choice Vouchermade available to homeless veterans with disabilities. This article discusses the history of SOI laws; recent momentum within federal, state, and local legislatures to prohibit the practice; and advocacy steps to undertake to pursue SOI bills in your local communities. But thestatelawdraws no such distinctions. In developing a successful strategy to pass SOI legislation, consider the following: (SeeAlison Bell, Center on Budget and Policy Priorities, American Bar Association Webinar, Your Moneys No Good Here (Dec. 2018) availablehere. That timeframe passed this week, with little progress. 5 . So why can't Tonya Wood find an apartment? AG Platkin Announces Enforcement Actions in Source-of-Income New Jersey's attorney general files civil rights complaints against three school districts alleging discrimination against LGBTQ+ students By Polo Sandoval , CNN Updated 8:09 AM EDT, Sat June 24 . Kimberlytold the Press in August that her current landlord was planning to sell her home, and sheand her family were at risk of becoming homeless. Click here for step-by-step instructions. The New Jersey Law Against Discrimination (LAD) prohibits discrimination in housing based on actual or perceived: Race or color; Religion or creed; National origin, nationality, or ancestry; Sex, pregnancy, or breastfeeding; Sexual orientation; Gender identity or expression; Disability; Marital status or domestic partnership/civil union status; Many families have spent years on the waiting list. When there is discrimination, its important to stand up and fight, and to know your rights so you can stand up and protect the roof over your head, says Keenya Robertson, president and CEO of HOPE Inc. Fair Housing Center, a not-for-profit agency in Florida that fights housing discrimination in Miami-Dade and Broward counties. The LAD prohibits discrimination and bias-based harassment based on many protected classes in employment (including labor unions and employment agencies), housing (include housing providers and realtors), and places of public accommodation (generally, places open to the public, including businesses, restaurants, schools, summer camps, medical pr. 202-638-1300, Copyright 2023 Council of Large Public Housing Authorities |, Along with recommending additional language to include ERAP in local source-of-income laws, the researchers also recommend, You can find the full article from the Urban Institute. The four resolved cases also involved allegations that housing providers in Atlantic and Middlesex counties discriminated against recipients of government rental assistance. The enforcement actions we are announcing today send a clear signal: We will not tolerate discrimination against housing applicants simply because they receive government rental assistance.. Williams was homeless at the time and living in the Baltimore region of Maryland. A finding of probable cause indicates that DCR has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the LAD has been violated. Yeah, we dont take that, the Woodbridge landlord said of Wood's Section 8 housing voucher,in a recording of the phone call Woodshared with thePress. The investigator did not provide a timeline for this next step. Unfortunately, some renters who receive financial help still face hurdles from landlords who dont want to accept vouchers. Know the Law - New Jersey Office of Attorney General This is called steering. Jay has held numerous jobs over the years such as stunt car driver, bartender, voice-over artist, traffic reporter (award winning), NY Yankee maintenance crewmember and peanut farm worker. The housing provider must make a payment to the individual who filed the complaint in settlement of the claims brought by the complainant. Specifically, in 42 states, two workers who earn the federal minimum wage do not make enough to afford adequate housing; and, WHEREAS, as real estate prices skyrocket, lower-income workers have been priced out of the housing market. New Jersey law prohibits discrimination in housing based on the source of lawful income that a tenant would use to pay rent. Landlords cannot choose renters or buyers based on a persons race, creed, color, national origin, ancestry, nationality, marital or domestic partnership or civil union status, sex, gender identity or expression, disability, affectional or sexual orientation, family status or source of lawful income or source of lawful rent payment (such as rental assistance from the Housing Choice Voucher Program formerly known as Section 8). Im very hesitant to accuse the state of not doing their job, but thats the way it seems., He added:It means that (Wood's) being screwed, or at least thats certainly how she feels. However, it is unlawful to discriminate against families with children, except in certain qualified housing developments intended specifically for older persons, which may be allowed to exclude children. All future decisions regarding housing must comply with the LAD and New Jerseys Fair Chance in Housing Act, which generally prohibits housing discrimination based on an applicants prior criminal history; The housing provider must receive training regarding their obligations as housing providers under the LAD; The housing provider must make a payment to DCR; and. In other places, language in source-of-income discrimination laws that are broadly defined to include any federal, state, or local housing assistance may also cover those households applying for ERAP. Our laws provide strong protections against housing discrimination, and we are committed to enforcing them and ensuring that all New Jersey residents have access to safe, affordable housing, said Sundeep Iyer, Director of the Division on Civil Rights. When Wood initially filed her discrimination complaint on Aug. 25, an automated response said she would hear from a state investigator within five business days. Few things are more stressful than looking for a rental home when you dont have enough money to pay the rent. To find out more information, go towww.njcivilrights.gov. A female tenant and herhousehold are evicted from their apartment because the tenant refused the landlords sexual advances. Its not even getting to the client because were not passing go.. All eight cases involve allegations that individuals seeking rental housing were denied the opportunity to rent because they were receiving rental assistance. Dial 2-1-1 for more information and access to language translation or TTY services. 14-1 Advancing Tenant Protections: Source-of-Income Protections State of New Jersey | Department of Law & Public Safety, by NJOAG Communications | Feb 17, 2023 | Enforcement Actions | Finding of Probable Cause | Source of Income Discrimination | Bias and Discrimination | Civil Rights | Division on Civil Rights | Press Release |, New Jerseys Law Against Discrimination Bars Landlords from Discriminating Against Potential Tenants Based on Their Receipt of Government Rental Assistance, Office of the Attorney General Matthew J. Platkin, Attorney GeneralDivision on Civil Rights Sundeep Iyer, Director, Media Inquiries-Tara OliverOAGpress@njoag.gov. ), One of the most important goals of SOI laws has been to open up higher opportunity and lower poverty neighborhoods to families with HCVs. Box 1000 Please use the hyperlinks on this page to navigate through the document. He added that the agencyremains "committed to enforcing the law" barringhousing discriminationand would "hold accountable any housing providers proven to have engaged in such conduct.". In 2018, Senators Tim Kaine (D-Va.) and Orrin Hatch (R-Utah) introduced federal legislation to add SOI protection to the federal Fair Housing Act. The Office of the New York State Attorney General investigates and enforces lawful source-of-income protections. "I'm fed up," Wood said after receiving the communication. It is not Zillow's intention to solicit or interfere with any established agency relationship you may have with a real estate professional. (Fair Housing Improvement Act of 2018, S. 3612, 115th Congress (2018).) This browser is no longer supported. The agent responded by indicating that she would discuss it with the owners of the unit. Being a part of the change I want to see in the world. Starting in my own community! Today, SOI laws cover 16 states and over 90 local municipalities. With the enforcement actions announced today, were putting all landlords on notice that housing discrimination of any kind will not be tolerated., Housing discrimination has no place in New Jersey. But after that initial phone call, Dexter said her complaint did not go any further. Under the Bush Administration, the number of new vouchers has fallen sharply; and, WHEREAS, landlords discriminate against tenants with Section 8 Housing Choice Vouchers, Federal law prohibits discrimination in housing based on race, color, national origin, religion, sex, family status, and disability. In 2020, New Jersey explicitly defined in guidance that COVID-19 ERA is covered under their antidiscrimination laws. If you wish to report an issue or seek an accommodation, please let us know. For example, some places only protect sources of public assistance, such as those provided through housing vouchers and rapid re-housing and permanent supportive housing programs. learn more about the many benefits of CLPHA membership, Urban Institute: Laws Against Source-of-Income Discrimination Could Help Renters Access ERAP. She said her landlord is now accommodating her ongoing housing search. Get in touch at kcanne@gannettnj.com or on Twitter @kaylacanne. Affirmative action ruling puts target on corporate diversity programs You can find the full article from the Urban Institutehere. TRENTON Attorney General Matthew J. Platkin announced today that the Division on Civil Rights (DCR) has issued findings of probable cause in six cases and has issued consent decrees in another two cases, all of which involve alleged violations of the New Jersey Law Against Discriminations prohibition against housing discrimination based on source of lawful income. Building Partnerships. Barring Source-of-Income Discrimination . A prima facie case of employment discrimination may be shown by proving the following: The worker is a member of a protected class. Under New Jerseys Law Against Discrimination (LAD), landlords cannot refuse to rent to potential tenants or discourage them from renting because they receive government rental assistance. Commonly referred to as "source-of-income discrimination," landlords across the nation often refuse to accept tenants who attempt to pay rent with help from the federal government's Section 8. 12 min. PDF State of New Jersey 2020-2024 Analysis of Impediments to Fair Housing PDF Expanding Choice: Practical Strategies for Building a Successful - NHLP Civil Rights in New Jersey, 1945-2020: Housing Discrimination
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