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. 14, July 15, 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."