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Practice Of Real EstateFair_housingMEDIUM

A landlord in Jersey City refuses to accept a prospective tenant who intends to pay rent using a Section 8 Housing Choice Voucher. The landlord argues that accepting vouchers involves too much government paperwork. Under the New Jersey Law Against Discrimination, the landlord's refusal is:

Correct Answer

C) Unlawful because source of lawful income is a protected class under the NJ LAD, and Section 8 vouchers constitute a lawful source of income

The NJ LAD, N.J.S.A. 10:5-4 and 10:5-12, explicitly includes 'source of lawful income' as a protected class in housing. This protection specifically covers recipients of housing assistance, including Section 8 Housing Choice Vouchers. A landlord cannot refuse to rent to a prospective tenant solely because they intend to use a Section 8 voucher. Administrative inconvenience is not a recognized defense. This is a key NJ-specific protection that goes beyond federal fair housing law.

Answer Options
A
Lawful because federal law does not require landlords to accept Section 8 vouchers
B
Lawful because administrative burden is a recognized defense under the NJ LAD
C
Unlawful because source of lawful income is a protected class under the NJ LAD, and Section 8 vouchers constitute a lawful source of income
D
Unlawful only if the landlord owns more than four rental units in New Jersey

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Related Topics & Key Terms

Key Terms:

LADsource_of_lawful_incomesection_8_vouchersNJ_specific_protected_classfair_housing_exemptions

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