Protect Your Property: How Protocols Safeguard Landlords Against NJLAD Violations

24 Apr Protect Your Property: How Protocols Safeguard Landlords Against NJLAD Violations

Protocols, particularly in tenant screening and property management, are pivotal for landlords striving to adhere to the New Jersey Law Against Discrimination (NJLAD). By establishing transparent, consistent, and impartial criteria for all tenant interactions and decisions, landlords can sidestep inadvertent discriminatory practices. Here’s a breakdown of how protocols can safeguard landlords against NJLAD violations:

1. Standardized Application Processes: Utilizing a uniform application form and process for all prospective tenants helps landlords gather consistent information from every applicant, eliminating bias in the selection process.
2. Objective Criteria for Tenant Selection: Protocols should include unbiased criteria such as credit scores, rental history, and income verification, applied uniformly to all applicants to deter discriminatory practices.
3. Training on Fair Housing Laws: Comprehensive training on NJLAD and other pertinent fair housing laws is essential for landlords and staff to recognize and avoid discriminatory behavior.
4. Documentation and Record Keeping: Maintaining detailed records of interactions with applicants and tenants, along with reasons for rejections, serves as crucial documentation in the event of a discrimination claim.
5. Regular Policy Reviews: Landlords should periodically review and update protocols to ensure compliance with evolving laws and regulations, including NJLAD amendments.
6. Reasonable Accommodations: Clearly outlined protocols for handling requests for reasonable accommodations from tenants with disabilities ensure consistent and lawful procedures in compliance with NJLAD.

By diligently implementing and adhering to these protocols, landlords can substantially diminish the risk of unintentional discrimination and ensure NJLAD compliance. Seeking guidance from legal experts specializing in real estate and landlord-tenant law can aid landlords in developing or refining these protocols.

Moreover, adopting a point system protocol for reviewing tenant rental applications can provide landlords with an objective assessment framework. Here’s a sample point system landlords might use:

1. Credit Score:
   • 700 and above: +3 points
   • 600 to 699: +2 points
   • 550 to 599: +1 point
   • Below 550: 0 points
2. Rental History:
   • No previous evictions or late payments: +3 points
   • 1 late payment in the past two years: +1 point
   • More than 1 late payment or eviction in the past two years: -3 points
3. Income and Employment:
   • Traditional employment with stable income: +3 points
   • Section 8 voucher holder: Exempt from income requirements
   • Unemployed or inconsistent income: -3 points
4. References:
   • Positive references from previous landlords: +2 points
   • No previous landlord references available: 0 points
   • Negative references from previous landlords: -2 points
5. Length of Employment:
   • Over 2 years at current job: +2 points
   • 1-2 years at current job: +1 point
   • Less than 1 year at current job: 0 points
6. Background Check:
   • No criminal record: +2 points
   • Minor offenses: 0 points
   • Major offenses: -3 points
7. Section 8 Compliance:
   • Compliance with Section 8 requirements: +2 points
   • Previous Section 8 housing violation: -3 points
8. Pet Ownership:
   • No pets: +1 point
   • Pets that meet property’s pet policy criteria: 0 points
   • Pets that do not meet criteria: -1 point

This system enables landlords to evaluate each application objectively, ensuring fairness and compliance with fair housing laws. Tailoring adjustments based on specific property requirements or local regulations is advisable.

By prioritizing protocols and adopting objective evaluation methods, landlords can not only safeguard against NJLAD violations but also foster an inclusive and equitable rental environment for all tenants.