Good Neighbors
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Significantly, municipalities cannot even use the direct threat exception to exclude identified persons from community residences. The exception is available for use only by landlords or sellers of property who may refuse to rent or sell housing on the basis of a lessor’s or buyer’s disability. Presumably, it is also available to the State in selecting residents of community residences.(69)
Chapter 4
Frequently Asked Questions Regarding Rentals, Condominiums, and Housing Discrimination
Q. May a landlord inquire about the income of a person with a disability when that person applies for an apartment?
A. Yes. A landlord may ask prospective tenants questions about their ability to pay the rent and their creditworthiness, regardless of disability, as long as they ask those questions of all prospective tenants. However, New Jersey law prohibits landlords from refusing to rent to tenants because they will pay their rent with Section 8 vouchers or any other legitimate source.
Q. If a person applies for an apartment in a building available only to people with disabilities, may the landlord ask about the person's disability?
A. Yes. Although landlords are generally prohibited from asking such questions, if a building is available only to persons with disabilities, or preferences are given to people with disabilities, the landlord may ask questions to determine whether the person is eligible to live in the building.
Q. Can a tenant with a disability be evicted for nonpayment of rent without any special warning?
A. Yes. Tenants with disabilities have no special protections from eviction unless the reason for eviction is conversion of an apartment building into a condominium. As with all other New Jersey tenants, a tenant with a disability can be evicted only for "good cause," which includes nonpayment of rent. Tenants cannot be summarily ejected from the apartment, but must be served with a summons and complaint and have an opportunity to appear before a judge on the matter. Tenants with disabilities who are being evicted due to condominium conversion can request "protected tenancy" status of up to 40 years if they have lived in their apartment for at least one year and are low income.
Q. Can a community residence for the developmentally disabled discharge a resident without notice?
A. No. Before a resident of a home for people with developmental disabilities can be forced to leave the home, there must be a determination that the residence is no longer suitable, and a discharge plan must be developed with the participation of the resident and his or her guardian.
Q. Must a condominium association grant a unit owner with a disability a reserved parking space near his or her unit?
A. Yes, if that owner has a physical disability and requests the reserved space as a reasonable accommodation. A condominium association or landlord can refuse to make an accommodation if it would be unduly burdensome or if it would fundamentally alter its policies, but in the case of a reserved parking space it is unlikely that either of these defenses would be considered valid.
Q. May a landlord charge an extra fee to a tenant with a disability who keeps a service animal?
A. No. A landlord may not charge a tenant with a disability an extra fee for keeping a pet who is a service animal (e.g., a guide dog for the blind or a cat who provides emotional support to a person with mental illness).
Q. Must a tenant with a physical disability who renovates the interior of an apartment restore the interior to its prior condition when he or she vacates the apartment?
A. Yes, unless the renovation would not interfere with the landlord's or the next tenant's use of the unit. For example, the widening of a doorway to accommodate a wheelchair would not interfere with a future tenant's use of the apartment, so the landlord may not require that the tenant narrow the doorway at the end of the tenancy.
Q. May a landlord require that a tenant who removed a barrier on the common grounds of an apartment complex restore the grounds to their original condition?
A. No. If a tenant has a ramp constructed where steps previously had created a barrier, the landlord cannot require that the tenant restore the steps when he or she moves away. However, the tenant must bear the cost of the original renovations, unless the architectural barriers were built after the laws prohibiting them went into effect. In that case, the landlord would have to pay for the renovations.
Chapter 5
Federal and State Laws Governing House Purchases, Rentals, Evictions, and Section 8 Vouchers
I. Persons with Disabilities Are Protected Against Housing Discrimination Just as Other Groups Are
Persons with disabilities are protected against housing discrimination just as are other legally protected groups. Houses must be shown and sold to, and apartments must be shown and rented to, persons regardless of their disabilities and without special terms or conditions. It is unlawful to represent, because of a person's disability, that a dwelling is not available when, in fact, it is. It is unlawful to misrepresent the cost of a dwelling because of a person's disability. Persons with disabilities are entitled to equal enjoyment of the services and facilities associated with a dwelling. These rights apply not only to persons with disabilities, but to anyone who purchases or leases a dwelling with the intention of having a person with a disability live there and to nondisabled persons who are associated in some way with a person with a disability. Thus, a landlord may not discriminate against parents because they live or will live in the apartment with their disabled child. Nor may landlords discriminate against a tenant whose friend is HIV+.(70)
II. "Disability" Is Defined Broadly Under New Jersey Housing Discrimination Law
Both the federal Fair Housing Act (FHA) and the New Jersey Law Against Discrimination (LAD) define "handicap," but the LAD statutory definition is much broader in scope than that of the federal law. Under the FHA, "handicap" means "a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment, or being regarded as having such impairment."(71)
The LAD does not require that a disability be so severe as to limit a person's major life activities. Rather, the LAD defines "handicapped" in terms of the nature or cause of the disability: "suffering from physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or from any mental, psychological or development disability resulting from anatomical, psychological, physiological or neurological conditions which prevents the normal exercise or any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Handicapped shall also mean suffering from AIDS or HIV infection."(72)
Courts interpreting the LAD have consistently recognized the broad scope of its definition of handicapped.(73)
III. Landlords and Sellers May Not Inquire about a Prospective Resident's Disability
It is unlawful to ask whether a prospective resident has a disability. It is even unlawful to ask about the nature or severity of a disability that is evident. Nor are such inquiries to be made regarding the disability of persons who may live in the dwelling or be associated with the purchaser, renter, or resident. Thus, to take the examples given at the end of Section I, above, landlords may not ask parents about the disability of a child who will live in the apartment with them; and landlords may not ask whether a prospective tenant's friends are HIV+.(74)
However, inquiries may be made regarding one's ability to meet the requirements of ownership or tenancy that everyone else must meet. For example, a landlord may require information addressing a prospective tenant's creditworthiness, as long as the same inquiries are made of all prospective tenants. And if a dwelling is available only to persons with disabilities or to persons with particular disabilities, or if preferences are given to such persons, questions may be asked to determine whether a person is eligible to live in the dwelling. Inquiries may also be made to determine whether applicants are currently illegal abusers or addicts of a controlled substance and whether they have been convicted of the illegal manufacture or distribution of a controlled substance.(75)
IV. Landlords May not Refuse to Rent to Tenants Who Have Section 8 Vouchers
The LAD "prohibits discrimination against tenants based on the source of income being used for rental or mortgage payments."(76)The regulations enforcing that statutory prohibition make it "unlawful for any person to fail or refuse to rent to, or to impose different terms of tenancy upon, any person with a disability because that individual is a recipient of Federal, State or local assistance, including medical assistance or housing subsidies." (77)
The 2002 LAD amendment prohibiting discrimination based on the source of a tenant's income followed a 1999 New Jersey Supreme Court decision holding that New Jersey law requires a landlord to accept a federal Section 8 voucher from a tenant who obtains one during the course of his or her tenancy. (78)The LAD amendment does not limit its reach to existing tenants who obtain rental vouchers, but applies to prospective tenants with vouchers as well. The amendment also prohibits discrimination by lending institutions against people holding Section 8 vouchers who are eligible for the federal Section 8 home ownership program.(79)
The prohibition against discrimination based on the source of a tenant's income had existed prior to 2002, but under another statute.(80) The 2002 amendment repealed the other statute and moved its provisions into the LAD, giving NJ's Attorney General and the NJ Division on Civil Rights authority to bring actions to compel compliance with the law and to exact penalties for violations of it. The LAD amendment also includes important notification requirements: the Attorney General and agencies that issue federal rental assistance vouchers to tenants must notify landlords of the prohibition and provide instructions for those wishing to report violations of the provision.
V. Tenants with Disabilities, Like Those without Disabilities, May not Be Evicted Except for "Good Cause"
Protection from eviction for people with disabilities is generally no greater than that for any other tenant, but in New Jersey that protection is considerable. The state has a strong policy of protecting tenants from unjustified evictions. New Jersey's Anti-Eviction Act requires a showing of "good cause" to terminate a residential tenancy.(81)The statute lists 17 situations that create "good cause," among them, failure to pay rent, failure to pay rent after notice of a rent increase that is not unconscionable, disorderly conduct that disturbs other tenants or neighbors, damage to the premises, breach of a landlord's reasonable rules, demolition or boarding up of the premises due to health code or other safety violations, violation (in public housing) of a landlord's rules on illegal use of drugs, conviction (in private or public housing) of a drug offense involving drug use on the premises or harboring an adult who has been convicted of such an offense, conviction of assault or making terroristic threats against the landlord or members of the landlord's family or harboring such a person, conviction of theft of property located on the premises.(82)
Even if good cause for eviction exists, New Jersey law provides numerous procedural protections that prohibit landlords from summarily ejecting tenants or their possessions from the premises. In some situations (e.g., tenant's disorderly conduct), landlords must send tenants a notice to cease, a notice to quit, and a demand for possession before evicting them.(83)In others (failure to pay rent), no such notices are required, and the landlord can proceed immediately to civil court process, serving a summons and complaint on the tenant. If the matter goes to court and a judge enters a judgment for possession against the tenant, a warrant of removal is issued, but no earlier than three business days later.(84) A tenant may ask the judge for a "hardship stay" of the warrant of removal of up to six months if the tenant will suffer hardship because other dwellings are not available.(85)
These reasons and procedures for eviction apply to all residential tenancies except: (1) owner-occupied premises with no more than two rental units; (2) hotels, motels, or guests houses rented to transient guests or seasonal tenants; (3) dwelling units held in trust on behalf of a developmentally disabled member of the immediate family.[Link](86) This final exception was intended to cover developmental disabled adult relatives who live with a tenant companion or roommate in quarters owned by family members; in cases where the living arrangements are not working out, the relative may evict the companion or roommate without following the statutory procedures of the Anti-Eviction Act.(87)
The Anti-Eviction Act protections apply to residents of rooming and boarding houses.(88)Although they have not been extended to residents of community residences for the developmentally disabled, community residences for the mentally ill, or residential health care facilities, those residents have other legal protections against inappropriate discharge from the facility in which they live. For example, residents of community residences for mentally ill adults can be discharged only if they behave in a manner that substantially threatens the physical safety or emotional health of others, have received the maximum clinical benefit offered by the program and another living arrangement is available, repeatedly break written rules of the residence, break the law or cause the residence to violate its lease, or refuse to participate in the services agreed upon in their treatment plan.(89) Before residents of a community residence for the developmentally disabled can be discharged, there must be a determination that the residence is no longer suitable or no longer meets the person's needs and a discharge plan must be developed with the resident and his or her guardian.(90) Finally, residents of a residential health care facility can be transferred or discharged only for medical reasons, for their welfare and that of other residents upon the written order of the resident's physician, for nonpayment, for repeated violations of the facility's rules, if required by the Department of Health and Senior Services, or for an emergency.(91) Except in emergency situations, they must be given at least 30 days advance notice in writing of a transfer or discharge.(92)
Tenants with a disability have additional protections if they are living in an apartment that is being converted to a condominium. The Senior Citizens and Disabled Protected Tenancy Act grants people with a disability and seniors (62 or older) protected tenancy status of up to 40 years if they have lived in the apartment for at least one year before the conversion and their household income is no greater than three times the county per-capita personal income.(93)The act defines "disabled tenant" as a person who is "totally and permanently unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, or a person who has been honorably discharged . . . from active service in any branch of the United States Armed Forces and who is rated as having a 60% disability or higher as a result of that service."(94)
VI. "Dangerous" Tenants May Be Excluded
A dwelling does not have to be made available to persons with disabilities who pose a "direct threat" to the "health or safety of other individuals or" whose residency "would result in substantial physical damage to the property of others." Establishing "direct threat," however, is difficult. The matter is discussed in Chapter 3, Section X.
VII. Persons with Disabilities Must Be Afforded Reasonable Accommodations
Landlords, condominium associations, cooperative boards, and anyone else with authority that impinges upon the residency of a person with a disability must "makes reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [that person] equal opportunity to use and enjoy a dwelling unit." The obligation to accommodate extends to rules, policies, practices, or services that concern "public and common use areas," as well as those that concern the dwelling unit itself.(95) A common example of a reasonable accommodation is the creation of a reserved parking space near the apartment unit occupied by a tenant who has difficulty walking. Landlords may even have to permit a tenant to implement a new medication regimen before evicting the tenant for actions that stemmed from the ten- ant's mental disability.
There is no obligation to accommodate when the accommodation would unduly burden the person or entity from whom it is sought or would constitute a fundamental alteration of the rules, policies, practices, or services from which relief is requested. Undue burden is often a matter of the landlord's or other entity's ability to afford the cost of the accommodation. Thus, a large landlord may have to grant an accommodation that a smaller landlord, with fewer resources, may not have to grant. Fundamental alteration does not necessarily have anything to do with the cost of the accommodation. Rather, it usually looks to the nature of the accommodation and how greatly it would alter the rules, policies, practices, or services in question.
No discrimination is permitted against persons with disabilities who use guide or service dogs. This protection is not limited to blind persons with guide dogs. It extends to any person with a disability who uses service or guide dogs. As part of this protection, "no-pets" rules are void with respect to such persons, and there is no exception for undue hardship or fundamental alteration.(96) Nor may a landlord charge "an extra fee . . . for keeping a guide or service dog."(97)
VIII.Persons with Physical Disabilities Must Be Permitted to Make Accessibility Renovations
Many residences were built with architectural barriers such as steps and narrow doors when such construction was still legal. Persons with physical disabilities have the right to remove, at their own expense, legally built barriers when the removal "may be necessary to afford [them] full enjoyment of the premises." In the case of renovations to the interior of a rental apartment, the landlord may condition permission for the renovation "on the renter agreeing to restore the interior . . . to [its previous] condition . . . , reasonable wear and tear excepted." When it is necessary to "ensure with reasonable certainty that funds will be available to pay for the restorations, . . . the landlord may" require that, "over a reasonable period," the tenant pay into an "interest bearing escrow account . . . a reasonable amount of money not to exceed the cost of the restorations." The interest on the account must accrue to the tenant. However, if the interior renovation would not interfere with the landlord's or the next tenant's use and enjoyment of the unit, the landlord may not require that the apartment be restored to its original condition. For example, the widening of a door to meet current accessibility standards would not interfere with the use and enjoyment of the unit. Consequently, the landlord may not require that the door be returned to its original narrow width upon the tenant's departure. Nor may landlords require restoration to original condition when the renovation is to a part of the premises other than the interior of the resident's unit. Thus, a tenant who replaces steps on a walk on the grounds of an apartment complex with a ramp cannot be made to remove the ramp when he or she moves. For any accessibility renovations, interior or exterior, landlords may require "a reasonable description of the proposed modifications . . .[and] reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained."(98)
Architectural barriers that were built after the advent of laws prohibiting them must be removed, at no cost to the tenant, by the original developer or the developer's successor in interest, which may well be the current landlord.
APPENDIX
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3. Municipalities Generally
Chapter 55D. Planning, Zoning, Etc.
Municipal Land Use Law -Article 8. Zoning
40:55D-66. 1. Community residences for developmentally disabled or persons with head injuries; community shelters for victims of domestic violence; residential districts; conditional use permits Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be a permitted use in all residential districts of a municipality, and the requirements therefore shall be the same as for single family dwelling units located within such districts.
40:55D-66.2. Definitions
As used in this act: a. “community residence for the developmentally disabled” means any community residential facility licensed pursuant to P.L.1977, c. 448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the “Health Care Facilities Planning Act,” P.L.1971, c. 136 (C.26:2H-1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, “developmentally disabled person” means a person who is developmentally disabled as defined in section 2 of P.L. 1977, c. 448 (C.30: 11B-2), and “mentally ill person” means a person who is afflicted with a mental illness as defined in R.S.30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
b. “Community shelter for victims of domestic violence” means any shelter approved for a purchase ofservice contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L.1979, c. 337 (C.30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including, any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
c. “Community residence for persons with head injuries” means a community residential facility licensedpursuant to P.L. 1977, c. 448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the “Health Care Facilities Planning Act,” P.L.1971. c. 136 (C.26:2H-1 et al.).
d. “Person with head injury” means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
e. “Community residence for the terminally ill” means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
New Jersey Constitution, Art. 4, § 6, Par. 2
2. Zoning laws The Legislature may enact general laws under which municipalities, other than counties, may adopt zoning ordinances limiting and restricting to specified districts and regulating therein, buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the uses of land, and the exercise of such authority shall be deemed to be within the police power of the State. Such laws shall be subject to repeal or alteration by the Legislature.
30:11B- 1. Legislative findings
The Legislature finds that many developmentally disabled persons who are now housed in large institutions can be better cared for and given training for independent living in small community residences. Such persons have a right to the fuller, more normal life that care in such residences brings, and it is, therefore, the intention of the Legislature, through this act, to encourage the development of community residences for the developmentally disabled and to provide for the licensing and regulation of such residences by the Department of Human Services.
The Legislature further finds that there are many persons who have been hospitalized due to mental illness and are recovered to the extent that they no longer require such hospitalization, but would benefit from the specialized independent-living training available to residents of small community residences for the mentally ill. These community residences for the mentally ill may also be utilized by persons who have not been hospitalized for mental illness but who are participating in community mental health counseling or training programs provided by a State affiliated community mental health agency. These persons have a right to the fuller, more normal life that care in community residences brings, and it is, therefore, the intention of the Legislature through this act, to encourage the development of community residences for the mentally ill and to provide for the licensing and regulation of the residences by the Department of Human Services.
In addition, the Legislature finds that many persons who have sustained head injuries which impair their cognitive, behavioral, social or physical functioning, and who are now housed in large institutions can be better cared for and given training for independent living in small community residences. These persons have a right to the fuller, more normal life that care in these residences brings, and it is, therefore, the intention of the Legislature, through this act, to encourage the development of community residences for persons with head injuries and to provide for the licensing and regulation of these residences by the Department of Human Services.
30:11 B-2. Definitions
“Community residence for the developmentally disabled” means any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the “Health Care Facilities Planning Act,” P.L.1971, c. 136 (C. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hostels.
“Community residence for the mentally ill” means any community residential facility which provides food, shelter and personal guidance, under such supervision as required, to not more than 15 mentally ill persons who require assistance temporarily or permanently, in order to live independently in the community. These residences shall be approved for a purchase of service contract or an affiliation agreement pursuant to procedures established by the Division of Mental Health Services in the Department of Human Services. These residences shall not house persons who have been assigned to a State psychiatric hospital after having been found not guilty of a criminal offense by reason of insanity or unfit to be tried on a criminal charge. These residences shall not be considered health care facilities within the meaning of the “Health Care Facilities Planning Act,” P.L.1971, c. 136 (C. 26:2H- I et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements, family care homes and hostels.
“Community residence for persons with head injuries” means a community residential facility providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the “Health Care Facilities Planning Act,” P1. 197 1, c. 136 (C. 26:2 H -I et seq.).
“Developmental disability” or “developmentally disabled” means a severe, chronic disability of a person which:
a.is attributable to a mental or physical impairment or combination of mental or physical impairments;
b. is manifest before age 22;
c. is likely to continue indefinitely;
d. results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic selfsufficiency; and
e.reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.
Developmental disability includes, but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.
“Mentally ill” means any psychiatric disorder which has required an individual to receive either inpatient psychiatric care or outpatient psychiatric care on an extended basis.
“Person with head injury” means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of cognitive, behavioral, social or physical functioning which causes partial or total disability.
30:11 B-3. Assistance for residents in maintenance of self-care and in development of potential to live independently
Every community residence for the developmentally disabled, every community residence for the mentally ill and every community residence for persons with head injuries shall provide to every person admitted assistance in maintaining a basic level of self-care and in developing the potential to live independently in the community.
30:11B4. Licenses; regulations
All such residences which are operated by any individual or individuals, corporation, partnership, society or association, whether public or private, whether incorporated or unincorporated, whether for profit or nonprofit, shall be licensed by the Department of Human Services under appropriate regulations promulgated by the commissioner. Such regulations shall govern the operation and maintenance of residences, and prescribe conditions for admission and discharge of residents. The regulations shall assure that essential lifesafety, health and comfort conditions exist in a home-like atmosphere.
30:11B4. 1. Application of Uniform Fire Safety Act
The provisions of the “Uniform Fire Safety Act,” P.L.1983, c. 383 (C. 52:27D- 193 et seq.) shall apply to any residence licensed or regulated pursuant to P.L. 1977, c. 448 (C. 30:1113- 1 et seq.).
30:11B4.2. Program standards
a. Within six months of the effective date of this act, the Director of the Division of Mental Health Services in the Department of Human Services shall develop program standards which include criteria for educational and professional experience of employees of a community residence. for the mentally ill and staffing ratios appropriate to the needs of the residents of the community residences for the mentally ill.
b. Within six months after the effective date of P.L. 1993, c. 329, the Commissioner of Human Services shall develop program standards which include criteria for educational and professional experience of employees of a community residence for persons with head injuries and staffing ratios appropriate to the needs of the residents of these community residences.
30:11 B-5. Geographic location
The geographic location of community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries shall be monitored by the Department of Human Services. Through the granting, or withholding of licenses the department shall insure that these residences are available throughout the State, without unnecessary concentration in any area.
30:11 B-6. Residents deemed residents of municipality or county
All residents of community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries in any municipality and county of the State shall be deemed residents of such municipality and county for all purposes, and shall be entitled to the use and benefit of all health, education, vocational and other facilities of such municipality and county in the same manner and extent as any other persons living in such municipality and county.
United States Code Annotated
Title 42. The Public Health and Welfare
Chapter 45-Fair Housing
§ 3601. Declaration of policy
It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.
§ 3602. Definitions -As used in this subchapter-
(a) “Secretary” means the Secretary of Housing and Urban Development.
(b) “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building structure or portion thereof.
(c) “Family” includes a single individual.
(d) “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11, receivers, and fiduciaries.
(e) “To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(f) “Discriminatory housing practice” means an act that is unlawful under section 3604, 3605, 3606, or 3617of this title.
(g) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.
(h) “Handicap” means, with respect to a person
(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of Title 21).
(i) “Aggrieved person” includes any person who
(1) claims to have been injured by a discriminatory housing practice; or
(2) believes that such person will be injured by a discriminatory housing practice that is about to occur.
(j) “Complainant” means the person (including the Secretary) who files a complaint under section 3610 of this title.
(k) “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with
(1) a parent or another person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
(l) “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.
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