News Bulletin

From the Law Office of Michael D. Mirne
3200 Sunset Avenue Ocean, NJ 07712
(732) 988-7200 Fax (732) 776-7444
Internet: http://www.mirnelaw.com/

In this month's Newsletter, we will discuss the issue of prescreening applicants. While most prudent landlords would agree that it is good practice to prescreen applicants before accepting them as tenants, all landlords should be aware of both Federal and State restrictions in how a landlord may choose its applicants. We will also discuss a new law that will have a dramatic impact on how evictions are filed.

Discrimination in Housing

Discrimination in housing or employment is illegal. For this reason, all landlords are encouraged to adopt uniform screening standards for their prospective tenants. These standards may include items such as prior evictions, criminal background checks, credit checks, and perhaps the most obvious, income verification. Landlords should also note that it is illegal in the State of New Jersey to deny housing on the basis that the tenant is receiving housing assistance.

Family Size and Structure

Landlords should also be aware that they may not discriminate against families with children. With regard to this rule, the Landlord should of course take into account the number of bedrooms. Under the Boca Property Maintenance Code, a bedroom must be a minimum of 70 square feet for one occupant and an additional 50 feet for each extra occupant in that bedroom. In addition, the Department of Youth and Family Services (DYFS) has promulgated some additional regulations regarding children over the age of 5 staying in the same room as their parents or staying in the same room with other children of the opposite sex. Like the BOCA regulations, these rules have been incorporated into most municipal codes. Aside from the Boca regulations and the DYFS regulations, you may not discriminate based on family size.

Discriminatory Advertising

Landlords may not make any public statement that indicates any discriminatory preference. For instance, a landlord cannot advertise that your apartment is within walking distance of the church. Note: There is an exception in this Act for owner occupied houses of 4 families or less.

Proving Discrimination

In order to prove discrimination, the applicant need only prove that he was a member of a protected class, that he was qualified, and that he was rejected while the apartment remained available. The applicant does not need to prove discriminatory intent. Note: It may sound counter-intuitive, but Landlords are required to choose the first applicant who qualifies; not necessarily the most qualified applicant.

Verification of Complaints

On February 1, 2007, a new law was past mandating that Landlords certify that their Tenancy complaints are truthful and accurate. Effective immediately, any Complaint which fails to contain this statement or the Landlord's signature, will be rejected as non-conforming. Copies of this statement will be made available to all our clients so that the verification can be submitted at the time of filing of the complaints.