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Practice Of Real EstateFair_housingHARD

A licensed broker in Montclair receives a fair housing complaint filed with the NJREC. The complaint alleges that the broker's office refused to accept a rental application from a prospective tenant who receives Temporary Assistance for Needy Families (TANF) benefits. The broker argues that TANF is not 'lawful income' and therefore not covered by the NJ LAD's source of lawful income protection. Which of the following best describes the legal outcome under the NJ LAD?

Correct Answer

D) The broker is incorrect because the NJ LAD's source of lawful income protection covers all lawful sources of income, including government assistance programs such as TANF

The NJ Law Against Discrimination's 'source of lawful income' protection (N.J.S.A. 10:5-12) is not limited to Section 8 housing vouchers. It broadly covers all lawful sources of income, including government assistance programs such as TANF, Social Security, disability benefits, and other public benefits. Refusing to rent to someone because their income comes from a government assistance program constitutes discrimination based on source of lawful income under the NJ LAD.

Answer Options
A
The broker is correct because TANF is a government assistance program, not earned income, and is not covered by the NJ LAD
B
The broker is correct because the NJ LAD's source of lawful income protection applies only to Section 8 housing vouchers
C
The broker is incorrect, but only because TANF recipients are separately protected under the NJ LAD's disability provisions
D
The broker is incorrect because the NJ LAD's source of lawful income protection covers all lawful sources of income, including government assistance programs such as TANF

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Related Topics & Key Terms

Key Terms:

law_against_discriminationsource_of_lawful_incomeTANFgovernment_assistanceenforcementexpert_trap

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