Targets landlords that refuse to rent to persons
withSection 8 vouchers or young children
(TRENTON)—Governor James E. McGreevey
signed legislation today that increases penalties for
landlords that refuse to rent to persons who receive federal
rent subsidies or have children under the age of 18.
“The legislation I am signing today
significantly strengthens a 20-year-old law that explicitly
prohibits landlords from discriminating against persons
receiving Section 8 vouchers or families that include young
children,” said McGreevey. “The new law recognizes the civil
rights of these people and protects those rights under the Law
Against Discrimination. I would like to thank Senator Furnari
and Assemblywoman Weinberg for their tenacious efforts in
getting this measure passed.”
Sponsored by Senator Garry Furnari
(D-Bergen, Essex, Passaic) and Assemblywoman Loretta Weinberg
(D-Bergen), Assembly Bill 710/ Senate Bill 631 amends the
existing “Law Against Discrimination,” to prohibit landlords
from discriminating against tenants based upon a tenants’
source of lawful income, such as Section 8 vouchers, or the
age of their children. The law is supported by a 1999
state Supreme Court ruling that says landlords cannot deny an
apartment to tenants based solely on their sources of
income.
"The federal Section 8 voucher program was
set up to assist low-income tenants," said Senator
Furnari. "Unfortunately, it has done the opposite,
becoming a scarlet letter worn by the tenant, causing many
landlords to discriminate against them because they pay part
of their rent with public assistance. This legislation
allows Section 8 to do what it was intended to do: help people
find homes."
Currently, these types of discrimination
are against the law, and are punishable by a civil penalty of
a maximum $200 fine for the first offense, and a maximum fine
of $500 for each subsequent offense. However, under the
“Law Against Discrimination,” any landlord that discriminates
against a tenant based on the tenants’ source of income or age
of children will face stiffer penalties.
“From now on, landlords will pay a hefty
price if they discriminate against people simply because they
need federal assistance to pay their rent,” said Weinberg. “A
federal check is as good as money in the bank, so the issue
cannot be the ability to pay—it cannot be anything but
landlords discriminating against low-income families.”
If a landlord discriminates against a
tenant because that family receives a Section 8 voucher or has
young members, the landlord will now face the harsher
penalties—a maximum fine of $10,000 for any single violation
within a five year period, a maximum fine of $25,000 for any
one other violation that occurs within five years of the first
charge and a maximum fine of $50,000 for any two or more
violations within seven years of the first charge.
Fines collected will go into the State’s
general fund, minus reimbursement for fees and costs incurred
by the prevailing party.
In addition, the law also broadens the
powers of housing authorities so that they can bring suit on
behalf of a tenant who is discriminated against. The law
also requires the Attorney General to prepare a notice
advising landlords that it is prohibited to discriminate
against tenants based on the source of income being used for
rental payments and instructions advising them on how to
report cases of discrimination. This notice will also be given
to recipients of Section 8 vouchers at the time vouchers are
issued to inform them of their rights.
