File a Complaint
NCJAR will accept complaints alleging violations of the Code of Ethics filed by a home seeker who alleges discriminatory treatment in the availability, purchase or rental of housing. Local Boards of REALTORS® have a responsibility to enforce the Code of Ethics through professional standards procedures and corrective action in cases where a violation of the Code of Ethics is proven to have occurred.
NJ Division on Civil Rights
Violations should be reported to the nearest office of the NJ Division on Civil Rights at 866-405-3050 (Toll-Free) or online at NJ Division on Civil Rights.
Call the U.S. Department of Housing and Urban Development
Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll free numbers, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
Fair housing is more than a list of dos and don’ts, rights and penalties, and mandatory continuing education. As stewards of the right to own, use and transfer private property, fair housing protects our livelihood and business as REALTORS® and depends on a free, open market that embraces equal opportunity.
REALTORS® recognize the significance of the Fair Housing Act and reconfirm their commitment to upholding fair housing law as well as their commitment to offering equal professional service to all in their search for real property.
Fair Housing Important Links & Resources
Civil Rights Act of 1866
The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
Federal Fair Housing Act
The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing.
Learn about the History of the Fair Housing Act, and read Examples of the many forms of housing discrimination.
The Federal Fair Housing Act prohibits discrimination in housing on the basis of: Race or Color, National origin, Religion, Sex, Familial status, Disability
Americans With Disabilities Act
Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.
Equal Credit Opportunity Act
The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.
New Jersey State Law Against Discrimination
The New Jersey Law Against Discrimination (LAD) prohibits discrimination when selling or renting property. Landlords cannot choose renters or buyers based on a person’s race, creed, color, national origin, ancestry, nationality, marital or domestic partnership or civil union status, sex, gender identity or expression, disability, affectional or sexual orientation, family status or source of lawful income or source of lawful rent payment (such as rental assistance from the Housing Choice Voucher Program formerly known as Section 8). The LAD does not prohibit discrimination on the basis of age in a housing context. However, it is unlawful to discriminate against families with children, except in certain qualified housing developments intended specifically for older persons, which may be allowed to exclude children.
The REALTOR® Code of Ethics
Article 10 of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics provides that “REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin. REALTORS® shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status or national origin.
A REALTOR® pledges to conduct business in keeping with the spirit and letter of the Code of Ethics. Article 10 imposes obligations upon REALTORS® and is also a firm statement of support for equal opportunity in housing.
Housing Discrimination
The New Jersey Law Against Discrimination (LAD) prohibits discrimination in housing based on actual or perceived:
- Race or color
- Religion or creed
- National origin, nationality, or ancestry
- Sex, pregnancy, or breastfeeding
- Sexual orientation
- Gender identity or expression
- Disability
- Marital status or domestic partnership/civil union status
- Liability for military service
- Familial status (having children under age 18)
- Source of lawful income used for rental or mortgage payments
The prohibition applies to real estate agents and housing providers, including property owners, agents, employees and brokers, landlords, superintendents, and condominium associations. The law means, for example, that a leasing agent cannot refuse to rent an apartment to a person because she is Muslim, and a real estate agent cannot decline to show listings to a Black family in a particular neighborhood. Housing providers and real estate agents also cannot retaliate against a person for exercising or attempting to exercise their rights under the LAD. Anyone who believes their rights under the LAD have been violated may file a complaint with DCR within 180 days of the incident. CLICK HERE to learn more about filing a complaint with DCR.
- CLICK HERE to view a fact sheet on housing discrimination.
- CLICK HERE to learn more about the Multiple Dwelling Reporting Rule or to file your report.
- AG Letter to Property Owners
- Model Fair Housing Policy
