New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY
Subchapter 7 - TENANT SELECTION STANDARDS
Section 5:80-7.8 - Prohibited conditions for admission
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In screening applicants for admission, owners may not impose irrelevant admissions criteria that are used to screen out otherwise eligible applicants.
(b) Physical examinations: Owners may not routinely require that all elderly applicants undergo physical examinations as a condition of admission. However, if the owner has reason to believe that the applicant's physical condition is such that his or her admission might have an adverse impact on the rights of other tenants to enjoy their units, or that he or she might not be able to care for the unit and carry out his or her obligations under the lease, the owner may require the applicant to furnish evidence of his or her ability to live independently (with or without attendant care). In the case of assisted living residences, screening of applicants' physical or medical conditions shall be conducted in accordance with N.J.A.C. 8:36.
(c) Donations or contributions: Owners of rental projects may not require a donation, contribution or membership fee as a condition of admission. Of course, owners of cooperative housing projects may charge membership fees.
HOUSING AND MORTGAGE FINANCE AGENCY
EXHIBIT A
EXAMPLE OF PROHIBITED DISCRIMINATION PRACTICES
| ............................................................................ | ||
| Class | Civil Rights Laws and | HUD Statutes, Regulations |
| Regulations | and Administrative | |
| Requirements | ||
| ............................................................................ | ||
| Religion, Race, | No priorities or | |
| Color, Creed, | application criteria, (e.g. | |
| National Origin | variations in charges or | |
| deposits) based upon race, | ||
| creed, color, religion, or | ||
| national origin | ||
| ............................................................................ | ||
| Sex | No renting units to single | In elderly housing, no |
| persons of one sex and not | discrimination against | |
| the other | females/males because | |
| disproportionate mixture of | ||
| sexes | ||
| ............................................................................ | ||
| Age | No minimum or maximum ages | No maximum age for elderly. |
| unless necessary to normal | In housing for disabled and | |
| operation (e.g. elderly | handicapped minimum age is | |
| project), or required by | 18; no minimum may be set | |
| State or local law | above age 18 | |
| ............................................................................ | ||
| Children | In family housing no | |
| discrimination against | ||
| families with children | ||
| ............................................................................ | ||
| Class Membership | No discrimination against | |
| socio-economic classes (e.g. | ||
| welfare recipients, single | ||
| parent households, etc.) | ||
| ............................................................................ | ||
| Membership in | No priority to members of | |
| Sponsoring | sponsoring organizations. | |
| Organization | No discrimination against | |
| nonmembers | ||
| ............................................................................ | ||
| Handicapped | No discrimination solely | |
| because of handicap | ||
| ............................................................................ | ||
Agency Statutes, Regulations and Administrative Requirements
No person shall be discriminated against because of race, religious principles, color, national origin or ancestry by the agency, any housing sponsor, any institutional lender, or any loan originator or agent or employee thereof in connection with any housing project or eligible loan. No persons shall be discriminated against because of age in admission to, or continuance of occupancy in any housing project receiving assistance under this act except for any housing project constructed under a governmental program restricting occupancy of at least 90 percent of the dwelling units to persons 62 years of age or older and any members of their immediate households or their occupant surviving spouses, or constructed as a retirement subdivision or retirement community as defined in the "Retirement Community Full Disclosure Act", P.L. 1968, c.215 (C.45:22A-1 et seq.). Any person who violates the provisions of this section is a disorderly person.
EXHIBIT B
FORMAT OF ADDENDUM TO APPLICATION FOR HOUSING ASSISTANCE
By law, housing assistance cannot be provided to any nonimmigrant alien student or the alien spouse and minor children of such alien ( 42 U.S.C. § 1436a) .
Definition of Nonimmigrant Alien Student: (1) an alien having a residence in a foreign country which he or she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who is admitted to the United States temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by him or her and approved by the Attorney General of the United States (Attorney General) after consultation with the Department of Education of the United States, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and (2) the alien spouse and minor children of any such alien if accompanying him or her or following to join him or her.
I certify that I have read the information above and that I am not a nonimmigrant alien student, and that no others in my household are nonimmigrant alien students.
____________________________ ___________
Applicant Date
WARNING: 18 U.S.C. § 1001 provides, in part, as follows: "hoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully--(1) falsifies . . . a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism ..., imprisoned not more than 8 years, or both."
