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Archive: 2016

Terminating a Tenancy in New Jersey

Posted December 21, 2016 in Landlord/Tenant Law

In New Jersey, as with most other states, there are various rules and regulations governing a tenant’s early termination of their lease.  Tenants who breach their lease agreement and terminate their lease early may suffer from monetary consequences as tenants are required by law to pay rent for the full term of their lease, or for the period of time until the landlord finds a replacement tenant.  As a landlord, if your tenant has terminated their lease early, you may be able to recover damages for the financial losses suffered as a result.

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Landlords, Take Note: You Cannot Discriminate Against Housing Applicants

Posted November 10, 2016 in Landlord/Tenant Law

In the state of New York, housing applicants are protected from discrimination under applicable federal, state, and local fair housing laws.  Though a landlord may reject a housing applicant on the basis of certain limited criteria, a landlord may not deny an individual the right to purchase or rent housing on the basis of statutorily-defined discrimination criteria.

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HUD's Advisory Opinion on Criminal Background Checks

Posted November 4, 2016 in Landlord/Tenant Law

On April 4, 2016, the U.S. Department of Housing and Urban Development (hereafter “HUD”) released “guidance” on criminal background checks and the Fair Housing Act. This advisory opinion describes that arrest, conviction, and criminal background statistics are all largely disproportionate in terms of race. Therefore, criminal background checks are being reviewed as having a potential “disparate impact” (Fair Housing Act definition meaning “unintentional” impact) on this protected class, regardless of whether a background check policy is non-discriminatory on its face.

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