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A private club in Montclair, New Jersey owns a dormitory-style building that it rents exclusively to its members as temporary lodging. A non-member applies for a room and is refused. The club's membership is open to all races and national origins but is restricted to individuals who share a specific recreational interest. Under the NJ Law Against Discrimination, the club's refusal is most likely:

Correct Answer

A) Permissible under the private club exemption, as long as the club is a bona fide private organization and the housing is incident to its primary purpose

The NJ LAD, like the federal Fair Housing Act, includes a limited exemption for bona fide private clubs. A private club that is not open to the general public may restrict the rental or occupancy of housing it owns and operates to its own members, provided the housing is incident to the club's primary purpose and the restriction is not based on a protected class such as race or national origin. Because this club's membership is open regardless of race or national origin, and the housing serves the club's members, the exemption applies.

Answer Options
A
Permissible under the private club exemption, as long as the club is a bona fide private organization and the housing is incident to its primary purpose
B
A violation because the NJ LAD's private club exemption applies only to for-sale housing, not rental housing
C
A violation because the NJ LAD prohibits any restriction on rental housing based on membership status
D
Permissible only if the club has fewer than fifty members in total

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Related Topics & Key Terms

Key Terms:

LADprivate_club_exemptionfair_housing_exemptionsmembership_restriction

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