January 2025 CT

Navigating Fair Housing Compliance in Community Associations By Jennifer L. Alexander, Esq., Griffin Alexander, P.C.

The Fair Housing Act (“FHA”) and the New Jersey Law Against Discrimination (“NJ LAD”) play important roles in ensuring equity in housing — and this importance cannot be overstated for community associations in New Jersey.

T he FHA and NJ LAD are designed to protect people from discrimination based on race, color, disability, religion, national origin, sex, and familial status. The NJ LAD also covers additional categories, including nationality, ancestry, age, marital status, genetic informa tion, affectional or sexual orientation, gender identity or expression, liability for military service, atypical hereditary cellular or blood traits, domestic partnership or civil union status, and legal sources of income. Community associa tions should keep these protections in mind when making decisions. Title VII of the Civil Rights Act of 1968 devoted an entire section “to provide, within constitutional limitations, for fair housing throughout the United States.” The FHA was established to prevent discrimination and ensure fairness in the sale, rental, and financing of housing. Over the years, it has expanded to include protections for individuals with disabilities and families with children. NJ LAD, on the other

hand, often goes beyond the FHA, protecting more classes of people. Both laws prohibit not only obvious forms of unfair treatment but also unintentional practices that may lead to inequities. Because unintentional impacts often happen without realizing it, associations should consider taking a closer look at their policies to make sure they do not unfairly impact protected groups. Under the FHA and NJ LAD, community associations should consider reasonable accommodations in policies or modifications to premises to ensure residents with disabilities can fully enjoy their homes. These considerations may involve installing ramps, allowing window air conditioning units, per mitting generators, or authorizing other accessibility features. They may involve adjusting parking policies to provide spac es closer to building entrances or allowing service or emo tional support animals despite pet restrictions. While there is some overlap, reasonable accommodations typically involve changes to rules or policies; reasonable modifications, on CONTINUES ON PAGE 20

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JANUARY 2025