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rented by an owner who does not own more than three singlefamily houses, does not reside in the house and was not the most recent resident prior to the sale. However, the FHA does apply if such an owner retains a real estate broker. The LAD protects more groups against discrimination. It prohibits landlords, sellers and real estate licensees from discriminating against people based upon race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or affection, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States, nationality or source of lawful income used for a rental or mortgage payment. However, the LAD has the same exception as the FHA for a single-family house that is sold or rented by an owner, except that the LAD’s exception only is for an owner who does not own more than two single-family houses. As a result of this potential for discrimination that could arise from love letters, the National Association of Realtors® has provided the following best practices to protect you and your clients from fair housing liability:
1. Educate your clients about the fair housing laws and the pitfalls of buyer love letters. 2. Inform your clients that you will not deliver buyer love letters and advise others that no buyer love letters will be accepted as part of the MLS listing. 3. Remind your clients that their decision to accept or reject an offer should be based on objective criteria only. 4. If your client insists on drafting a buyer love letter, do not help your client draft or deliver it. 5. Avoid reading any love letters drafted or received by your client. 6. Document all offers received and the seller’s objective reason for accepting an offer. It therefore is strongly recommended that brokers develop an officewide policy that they will not accept buyers’ love letters on behalf of a seller and that they will advise sellers not to consider love letters. A candid discussion should be held with sellers during the listing presentation and buyers when you begin working with them so that they know you will not accept or participate in drafting love letters because of the potential for discrimination that could result from a love letter.
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NJREALTOR.COM/TRENTONDAY Designated REALTOR® | June 2021 | 3
