The prohibition against housing discrimination assures all persons regardless of race, religion, color, national origin, ancestry, marital or familial status, sex, nationality or disability the right to live anywhere they wish, if they are qualified to purchase or rent the premises of their choice.

There are several laws that prohibit housing discrimination: the Civil Rights Act of 1866, the Federal Fair Housing Act of 1968,the Fair Housing Amendments Act of 1988 and the State of New Jersey Law against Discrimination (N.J.S.A. 10:5-1 et. sec.).

The Federal Law

The Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) declared it a national policy to provide fair housing throughout the United States. This law and subsequent amendments make discrimination based on race, color, religion, sex, national origin, familial status or illegal in connection with the sale or rental of most housing and any vacant land offered for any residential construction or use.

The Fair Housing Act provides protection against the following discriminatory acts:

1. Refusing to sell, lease, or rent.

1. Discrimination in terms or conditions of buying or renting housing.
2. “Blockbusting” for profit: persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood
3. Denying that housing is available for inspection, sale, or rent when it is available.
4. Denying or making terms or conditions for home loans by commercial lenders, i.e., banks, savings and loans, and insurance companies
5. Denying to anyone the sale of or participation in any real estate services such as: broker’s organizations, multiple listing services, rental agencies, or other facilities related to the selling or renting of housing
6. “Steering”: influencing the locational choice of purchase of a prospective buyer, i.e., offering advice on the racial composition of a neighborhood. Showing whites homes in all white areas for racial reasons, while showing blacks homes in integrated or predominantly Black areas for racial reasons, is Steering, even though no racial terms are used.
   
   The New Jersey Law
   
   New Jersey’s Civil Rights Law reiterates the Federal protections listed above, and includes additional ones. Discrimination is also prohibited based on ancestry or marital status. It is also unlawful to refuse to rent to a person because of objections to the person’s source of income, presuming of course, that it is legally obtained.
   
   Housing discrimination laws affect everyone involved: the broker, agent, seller, buyer, tenant, landlord, and the owner.
   
   Exceptions to the Law
   
   Civil Rights Act of 1866
   
   No exceptions: No discrimination allowed on the basis of race in any housing or real estate transaction
   
   1968 Fair Housing Act
   
   1. If the Owner of a single family house wants to rent or sell a property, the property can be rented or sold to anyone of the owner’s choice provided: (a) discriminator advertising is not used, (b) a broker is not used, and © within a two year period the owner can only sell or rent one house in which the was the most recent resident.
   
   2. In owner-occupied multifamily dwellings of two to four families, the owner can rent according to the owner’s choice but discriminatory advertising is forbidden.
   
   3. A religious organization can sell or rent a dwelling to persons of their choice as long as the dwelling is not used for commercial purposes.
   
   4. There is no restriction on the rental of a unit in a dwelling or residential facility that is owned by a bona fide private institution