A property manager in Passaic County has a policy of requiring all prospective tenants to provide proof of U.S. citizenship or lawful permanent residence before being shown any available units. A prospective tenant who holds a valid work visa (H-1B) is denied a showing under this policy. Under the New Jersey Law Against Discrimination, this policy is most likely:
Correct Answer
D) Unlawful, because the policy has a discriminatory effect based on national origin under the NJ LAD
While immigration status is not a separately enumerated protected class under the NJ LAD, a blanket policy of requiring citizenship or lawful permanent residence documentation — and denying showings to those who do not qualify — is likely to have a disparate impact on persons of certain national origins, which IS a protected class under both the NJ LAD and the federal Fair Housing Act. The NJ Division on Civil Rights has taken the position that such policies can constitute unlawful discrimination based on national origin. The policy's effect, not just intent, is relevant under the LAD.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
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