Fair Housing Law for Persons with Disabilities
15 N.J.S.A. 10:5-5(q); Viscik v. Fowler Equipment, 173 N.J. 1, 15-16 (2002). return
16 Failla v. City of Passaic, 146 F.3d 149, 154 (3d Cir. 1998); Leshner v. McCollister’s Transp. Systems, Inc., 113 F.Supp.2d 689, 692 n. 2 (D.N.J. 2000); DeJoy v. Comcast Cable Communications, Inc., 968 F.Supp. 963, 985 (D.N.J. 1997); Enriquez v. West Jersey Health Systems, 342 N.J.Super. 501, 519 (App. Div. 2001), certif. den. 170 N.J. 211 (2001) (gender dysphoria qualifies as a handicap under the New Jersey Law Against Discrimination); Gimello v. Agency Rent-A-Car Systems, Inc., 250 N.J.Super. 338, 358 (App. Div. 1991). return
17 N.J.A.C. 13:13-1.3 (definition of “disability”). return
18 N.J.A.C. 13:13-1.3 (definition of disability); Rogers v. Campbell Foundry Co., 185 N.J.Super. 109 112-113 (App. Div. 1982) (regarding perceived disabilities). return
19 42 U.S.C.A. §3604(f)(1)(C) and (f)(2)(C); N.J.A.C. 13:13-3.4(a), (b) and (d). return
20 42 U.S.C.A. §3604(f)(1) and (f)(2); N.J.S.A. 10:5-12g; N.J.A.C. 13:13-3.4(a) to (e). return
22 24 C.F.R. §100.202(c)(2) and (3). return
23 N.J.A.C. 13:13-3.3. return
24 24 C.F.R. §100.202(c)(1); N.J.A.C. 13:13-3.3 (prohibiting only questions regarding disability). return
25 24 C.F.R. §100.202(c)(4) and (5); N.J.A.C. 13:13-3.3 (prohibiting only questions regarding disability). return
26 N.J.A.C. 13:13-3.4(e). return
28 42 U.S.C.A. § 3604(f)(3)(B); N.J.A.C. 13:13-3.4(f)2. return
29 24 C.F.R. §100.204(b)(Example 2). It is unlikely that granting such a request would fundamentally alter the landlord’s business. return
30 Hovsons, Inc. v. Township of Brick, 89 F.3d 1096, 1104 (3d Cir. 1996)(internal quote and citation omitted). return
31 42 U.S.C.A. § 3604(f)(1) and (2) (general nondiscrimination provisions); 24 C.F.R. §100.204(b)(Example 1)(Tenant who needs seeing eye dog must be afforded an accommodation and permitted to live in apartment in spite of no-pets rule). N.J.S.A. 10:5-29.2; N.J.A.C. 13:13-3.4(c). return
33 See, for example, Salute v. Stratford Greens Garden Apartments, 136 F.3d 293, 301-302 (2d Cir. 1998). return
34 N.J.S.A. 10:5-4; N.J.S.A. 10:5-12g; N.J.A.C. 13:13-3.4(g). return
35 N.J.S.A. 10:5-12.4 (Law Against Discrimination statute); N.J.A.C. 13:13-3.7 (Law Against Discrimination regulation); return
36 N.J.S.A. 52:27D-123b(5). return
37 N.J.A.C. 5:23-7.1 et seq. return
38 42 U.S.C.A. § 3604(f)(7); N.J.A.C. 5:23-7.5(a). return
39 42 U.S.C.A. § 3604(f)(7); N.J.A.C. 13:13-1.3 (Law Against Discrimination defines “covered multifamily dwelling” as buildings covered by the Barrier-free Subcode); N.J.A.C. 5:23-7.5(b), (c)(Barrier-free Subcode elevator provisions). return
40 N.J.A.C. 5:23-7.3(b)1. return
41 N.J.A.C. 5:23-7.5(b)1, (c)2. return
42 N.J.A.C. 5:23-7.5(b)1, (c)2. return
43 42 U.S.C.A. §364(f)(3)(i). return
44 24 C.F.R. Ch. 1, Appendix II to Subchapter A, “Fair Housing Accessibility Guidelines - Design Guidelines for Accessible/Adaptable Dwellings. return
45 The Subcode begins at N.J.A.C. 5:23-7.1. These regulations lay out the Subcode’s scoping requirements. The regulations appear not to be available on the internet. You may be able to obtain them by writing to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 S. Broad St., P.O. Box 802, Trenton, New Jersey 08625-0802. The technical standards are found in a publication known as the International Code Council/American National Standards Institute, “Accessible and Usable Buildings and Facilities,” 1998 (ICC/ANSI A117.1-1998), a document that the Subcode incorporates. N.J.A.C. 5:23-7.2(a). ICC/ANSI A117.1-1998 may be obtained from The American National Standards Institute, 11 West 42nd Street, New York, New York 10036. return
46 42 U.S.C.A. §3604(f)(3)(A); 24 C.F.R. §100.203(a); N.J.A.C. 13:13-3.4(f)1. The requirement that you pay for the modifications assumes that the feature you want to modify was not built in violation of architectural barriers codes. If it was, then the persons or entities responsible for building it should pay for the modifications. return
47 42 U.S.C.A. §3604(f)(3)(A); 24 C.F.R. §100.203(a); N.J.A.C. 13:13-3.4(f)1. return
48 24 C.F.R. §100.203(c)(Example 1). return
49 24 C.F.R. §100.203(c)(Example 2). return
50 42 U.S.C.A. §3604(f)(3)(A); 24 C.F.R. §100.203(a); N.J.A.C. 13:13-3.4(f)1. return
51 24 C.F.R. §100.203(a); N.J.A.C. 13:13-3.4(f)1.ii. return
52 24 C.F.R. §100.203(b); N.J.A.C. 13:13-3.4(f)1.iii. return
53 ARC of New Jersey v. State of New Jersey, 950 F.Supp. 637 (D.N.J. 1996). return
54 N.J.S.A. 40:55D-66.1. return
55 Hovsons, Inc. v. Township of Brick, 89 F.3d 1096, 1104 (3d Cir. 1996). return
56 Township of West Orange v. Whitman, 8 F.Supp.2d 408 (D.N.J. 1998). return
57 42 U.S.C.A. § 3604(f)(8); 24 C.F.R. §100.202(d). return
58 29 C.F.R. §1630.2(r) (definition of “direct threat” in ADA, Title I (Employment)). return
59 Matter of Commitment of J.W., 288 N.J.Super. 197, 205 (App. Div. 1996). return
60 Matter of Commitment of J.W., 288 N.J.Super. 197, 205 (App. Div. 1996). return
61 H.R. Rep. No. 711, 100th Cong., 2d Sess. 9 (1988), reprinted in 1988 U.S.C.C.A.N 2173, 2181. return
62 Matter of Commitment of J.W., 288 N.J.Super. 197, 205 (App. Div. 1996). return
63 Matter of Committment of J.W., 288 N.J.Super. 197, 206 (discussing School Board of Nassau County, Florida v. Arline, 480 U.S. 203, 107 S,Ct. 1123 (1987), to the effect that “[p]articularized proof is needed that [a] teacher [with tuberculosis], even with reasonable accommodations for her disability, would be a source of contagion in her specific teaching job”). return
64 42 U.S.C.A. § 3605; N.J.A.C. 13:13-3.1 and 3.6. return
65 42 U.S.C.A. § 3606; N.J.A.C. 13:13-3.1. return
66 N.J.A.C 13:13-3.2(c). return
67 42 U.S.C.A. § 3604(c); N.J.A.C. 13:13-3.2; U.S. v. Hunter, 459 F.2d 205 (4th Cir. 1972). return
68 42 U.S.C.A. § 3603(b)(1). return
69 42 U.S.C.A. § 3603(b)(2)(owner-occupied residences with four or fewer units); §3607(a)(religious organizations and private clubs). return
70 N.J.S.A. 10:5-5n. return
INSTRUCTIONS FOR FILING
A HOUSING DISCRIMINATION COMPLAINT
Housing Discrimination Includes Many Things
It is illegal to discriminate on the basis of race, color, religion, sex, familial status, national origin, disability, HIV infection or AIDS. Discrimination includes more than an outright denial of a home. You have been discriminated against if, because you are a member of one of the listed groups, you have been offered different terms, conditions, or privileges of sale or rental, or different services or facilities; if you have been told a dwelling is not available when, in fact, it is; if you have been “steered” toward or away from a certain neighborhood; or if a financial institution such as a bank has not dealt fairly with you in extending a mortgage loan.
Discrimination against persons with disabilities also includes a refusal to make reasonable accommodations in rules, policies, practices or services; a refusal to permit reasonable modifications of premises (meaning both your dwelling and the grounds on which it is located) that you plan to undertake at your own expense, and a failure to design and construct buildings with four or more dwellings so that they are accessible.
The above list of discriminatory acts is not complete. If you think someone has discriminated against you in any matter involving housing, and you want more information, please feel free to call the Community Health Law Project at 973/275-1175.
You Can File a Housing Discrimination Complaint with Either the State or Federal Government
Both the Federal Department of Housing and Urban Development (HUD) and the New Jersey Division on Civil Rights (DCR) will investigate and act upon your housing discrimination complaint.
There are four ways to file a complaint with HUD. You can:
! Call HUD’s toll-free number, 1-800-669-9777. TTY: 1-800-927-9275
! File a complaint online by going to the HUD web site at www.hud.gov/complaints/housediscrim.cfm and clicking on online form;
! Print out a complaint form from the HUD web site (click on print out a form), complete it and drop it off at a HUD office or mail it to :
Office of Fair Housing and Equal Opportunity
Department of Housing and Urban Development
Room 5204
451 Seventh Street, S.W.
Washington, DC 20410-2000
! Write HUD a letter with:
! Your name and address
! The name and address of the person your complaint is about
! The address of the house or apartment you were trying to rent or buy
! The date when this incident occurred
! A short description of what happened
Then mail the letter to:
U.S. Department of Housing and Urban Development
26 Federal Plaza, Room 3532
New York, New York 10278-0068
(212) 264-9610
1-800-496-4294
TTY (212) 264-0927
You have 1 year from the date of the act(s) of discrimination in which to file a complaint with HUD.
To File a Complaint with the New Jersey Division on Civil Rights you must fill out a complaint form at a Division office or with a Division official or field investigator. Division personnel can assist you in filling out the complaint form.
The Division may insist that you come to one of their offices to file the complaint. However, if you have a disability that makes it difficult or impossible for you to come to one of their offices, the Division must accommodate your disability and afford you another means of filing the complaint (e.g., by letting you mail the complaint or by sending someone to help you fill out the complaint in your home).
You have 180 days from the date of the act(s) of discrimination in which to file a complaint with the New Jersey Division on Civil Rights. However, if you choose to file a court action, rather than a complaint with the Division on Civil Rights, you have 2 years from the date of the act(s) of discrimination in which to file the complaint.
The addresses and telephone numbers of the local offices of the Division on Civil Rights are:
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26 S. Pennsylvania Ave., 3rd Floor
Atlantic City, New Jersey 08401
609/441-3100
TTY: 609/441-7648
Serving Atlantic, Cape May, Cumberland, Salem and Southern Ocean Counties
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100 Hamilton Plaza, 8th Floor
Paterson, New Jersey 07505
973/977-4500
TTY: 973/977-1955
Serving Bergen, Morris, Passaic, Sussex and Warren Counties
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One Park Center
2 Riverside Dr., Suite 402
Camden, New Jersey 08103
856/614-2550
TTY: 856/614-2574
Serving Camden and Gloucester Counties
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31 Clinton St., 3rd Floor
Newark, New Jersey 07101
973/648-2700
TTY: 973/648-4678
Serving Essex, Hudson, Middlesex and Union Counties
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140 E. Front St., 6th Floor
P.O. Box 090
Trenton, New Jersey 08625-0090
609/292-4605
TTY: 609/292-1785
Serving Burlington, Mercer, Hunterdon, Somerset, Monmouth and Northern Ocean Counties
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This publication is a public education service of the Community Health Law Project. If you or someone you know needs further information regarding fair housing for persons with disabilities, please contact the Law Project:
North Jersey:
Community Health Law Project
185 Valley Street
South Orange, New Jersey 07079
973/275-1175
TTY: 973/275-1721
South Jersey:
Community Health Law Project
900 Haddon Avenue, Suite 400
Collingswood, New Jersey 08108
856/858-9500
(Voice and TTY)
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This manual is made possible by a grant from:
The United States Department of
Housing and Urban Development
FHIP Grant 400G03023
________________
© 2005 by the Community Health Law Project
All rights reserved. No part of this manual may be reproduced or transmitted in any form or by an means, electronic or mechanical, including photocopying, recording, or by an information storage and retrieval system, without the written permission of the Community Health Law Project, except as permitted by law.
