At Sammarro & Zalarick, we believe that everyone deserves a safe and supportive place to call home. LGBTQ+ tenants in NJ have rights and protections to ensure they’re treated fairly in housing. However, discrimination still happens. That’s why it’s crucial to be informed about your rights and the resources available to you if you feel they’re being violated. Here, we’ll share how NJ law protects LGBTQ+ tenants and how you can stand up against discrimination.
Understanding LGBTQ Tenant Rights in New Jersey
New Jersey is one of the most progressive states in the country when it comes to LGBTQ+ protections. The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination in housing based on sexual orientation, gender identity, and gender expression. Under NJLAD, it’s illegal for landlords, property managers, and other housing providers to refuse housing, harass, or unfairly treat LGBTQ+ tenants because of who they are.
What Does Housing Discrimination Look Like?
Housing discrimination can take various forms. Here are some examples:
- Refusal to Rent: A landlord refuses to rent a unit because the applicant is LGBTQ+.
- Unfair Treatment: Charging higher rent, requiring different lease terms, or enforcing different rules for LGBTQ+ tenants.
- Harassment: Any form of verbal abuse, harassment, or creation of a hostile environment based on a tenant’s sexual orientation or gender identity.
- Denial of Access to Facilities: For example, refusing to allow a tenant to use a restroom consistent with their gender identity.
- Eviction or Refusal to Renew Lease: Ending a lease or not renewing it due to the tenant’s LGBTQ+ identity.
If any of these situations sound familiar, know that you have legal avenues to protect your rights and stop discrimination.
Case Example: Housing Discrimination Against an LGBTQ+ Tenant in NJ
Case Overview: Transgender Tenant Faces Discrimination in Access to Facilities
The Situation
Jordan, a transgender woman, recently moved into a large apartment complex in Newark, NJ. Initially, the leasing process went smoothly, and Jordan was excited to settle into her new home. However, shortly after moving in, she began experiencing discriminatory behavior from the property management team and other tenants.
Incidents of Discrimination
- Facility Access Denied: Jordan was told by the property manager that she could not use the women’s restroom in the building’s common areas, despite her identification as a woman. Instead, she was directed to use a restroom on a different floor, which was not gender-specific but much less convenient.
- Harassment from Other Tenants: Some tenants made derogatory remarks and expressed discomfort with Jordan’s presence in shared spaces, such as the fitness room and lounge. When she reported these incidents to the management, they dismissed her concerns and told her she should “just avoid those areas” if she felt uncomfortable.
- Lease Renewal Denied: After nearly a year, when Jordan inquired about renewing her lease, the property manager informed her that her lease would not be renewed “because other tenants were uncomfortable.” Jordan believed this reason was directly tied to her gender identity, as her lease renewal had been otherwise assured only a few months earlier.
Legal Action and Support
Feeling unsupported and unsafe in her living environment, Jordan sought assistance. She documented each incident carefully, including dates, times, and descriptions of the events and conversations with the property management. She also kept any written communication she had with the complex about her rights as a tenant.
Filing a Complaint
With this evidence, Jordan filed a formal complaint with the New Jersey Division on Civil Rights (DCR). The DCR conducted an investigation, considering her documentation and interviewing other tenants and management. They found that the property management had indeed violated the New Jersey Law Against Discrimination (NJLAD) by denying Jordan equal access to facilities and attempting to evict her based on tenant discomfort with her gender identity.
Outcome
As a result of the investigation, the property management company was fined and ordered to change its policies regarding restroom access, tenant support, and inclusion training for all staff. Additionally, Jordan received a financial settlement, and the complex was required to allow her the opportunity to renew her lease under fair terms. Jordan also received support from local LGBTQ+ advocacy groups, including Garden State Equality, which helped her through the legal process.
Key Takeaways
This case highlights how vital it is for LGBTQ+ tenants to know their rights and to document any instances of discrimination. The New Jersey Law Against Discrimination clearly prohibits any form of discrimination in housing based on gender identity, sexual orientation, or gender expression. Cases like Jordan’s demonstrate the importance of enforcing these rights and ensuring all tenants have a safe and respectful place to live.
Steps to Take if You Experience Housing Discrimination
- Document Everything: Keep detailed notes of discriminatory actions, including dates, times, and descriptions of incidents.
- Report the Incident: File a complaint with the New Jersey Division on Civil Rights (DCR) if you feel you’re being discriminated against in housing. DCR investigates cases and, when necessary, takes legal action against violators.
- Seek Legal Assistance: At Sammarro & Zalarick, we’re here to help you navigate the legal process, file complaints, and represent you in cases of discrimination.
Resources and Support for LGBTQ+ Tenants
Beyond legal protections, there are also supportive organizations and resources in New Jersey to help LGBTQ+ tenants:
- Garden State Equality
Garden State Equality is NJ’s largest LGBTQ+ advocacy organization. They work on various fronts, from policy change to community education, to make New Jersey a safer, more inclusive place.
Visit Garden State Equality - New Jersey Division on Civil Rights (DCR)
The DCR enforces NJLAD and investigates housing discrimination claims. You can file a complaint if you feel your rights as a tenant have been violated.
File a Complaint with NJDCR - Hudson Pride Center
Located in Jersey City, Hudson Pride Center provides LGBTQ+ resources, support groups, and programs tailored for community members seeking help.
Explore Hudson Pride Center - ACLU of New Jersey
The ACLU of NJ protects civil liberties, including LGBTQ+ rights. Their resources can offer guidance on how to deal with discrimination and protect your rights in housing and beyond.
Learn More About ACLU NJ
Protecting LGBTQ+ Tenants in NJ
As a law firm rooted in New Jersey, Sammarro & Zalarick PA is committed to protecting the rights of LGBTQ+ tenants across the state. If you’re facing housing discrimination, you don’t have to go through it alone. Our team understands the unique challenges LGBTQ+ tenants face and can provide personalized legal support to help you stand up for your rights. We believe in equality, fairness, and respect for everyone, and we’re here to ensure those values are upheld.
Contact Us for Support
If you’re an LGBTQ+ tenant facing discrimination or simply want to know more about your rights, don’t hesitate to reach out and let us help protect your right to a safe, discrimination-free home.