Mercer Times

Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have announced a Finding of Probable Cause against Highland Living LLC, the owner of an apartment complex in Highland Park, New Jersey. The case involves allegations that the company violated the New Jersey Law Against Discrimination (LAD) by imposing minimum-income requirements deemed discriminatory towards recipients of government assistance.

The LAD prohibits discrimination in housing based on lawful income sources used for rent payment. The DCR's finding claims that Highland Living discriminated against a complainant intending to use federal Section 8 housing assistance for renting an apartment at Highland Living Apartments.

Highland Living allegedly denied the complainant's application due to failure to meet their minimum-income requirement, which was set at twice the monthly rent. The DCR argues this policy unfairly impacted Section 8 voucher holders since it did not account for government contributions covering most of the rent.

“New Jersey’s strong civil rights laws protect every resident’s right to obtain safe, affordable housing without facing discrimination. Now more than ever, it’s imperative that we hold firm on our commitment to safeguard that right,” said Attorney General Platkin. “The enforcement actions announced today reflect our continued commitment to ensuring that no one is denied the chance to obtain an affordable place to live because of unlawful housing discrimination.”

Yolanda N. Melville, Director of the Division on Civil Rights, added: “For many New Jerseyans, rental assistance programs like Section 8 open critical pathways to finding affordable housing. But when housing providers apply minimum-income requirements to renters who receive rental assistance and fail to properly account for that rental assistance, their policies have the effect of denying New Jerseyans the chance to find safe, stable housing.”

The investigation revealed that none of the Section 8 applicants met Highland Living's income criteria between 2022 and 2024 due to these standards. Additionally, DCR found less discriminatory alternatives could achieve Highland Living's interest in selecting reliable tenants without breaching civil rights laws.

While Highland Living credited Section 8 vouchers as income in calculations, this did not mitigate its disparate impact according to DCR findings. Alternatives suggested include applying income requirements only on portions not covered by government aid.

This Finding of Probable Cause is not a final ruling but indicates sufficient evidence supporting suspicion of LAD violation. Following this stage, parties may negotiate a resolution or proceed with legal action if conciliation fails.

The New Jersey Division on Civil Rights enforces various anti-discrimination laws within employment and housing sectors across New Jersey.