Advocates want stronger enforcement on Section 8 discrimination

By: Kayla Canne
Asbury Park Press
USA Today Network - New Jersey

..... Tonya Wood spent Wednesday [10/27/2021] morning fielding Facebook messages from five Section 8 tenants she doesn't know.
..... After the Asbury Park Press published an investigation into housing discrimination against Section 8 voucher holders the day before - with Wood's claim at the center of the article - others started reaching out with questions and tales of the same treatment.
..... How do you file a complaint? What evidence did they need? Did she know how long the process takes?
..... Wood didn't have many answers: the 39-year-old criminal justice graduate student from Edison is still navigating what she describes as the state's slow-moving, ineffectual complaint process herself. Still, she offered what advice she could.
..... New Jersey's Law Against Discrimination makes it illegal for a property owner to deny someone housing based on their source of income, including government rental assistance like Section 8 housing vouchers.
..... But New Jersey landlords reject such vouchers with impunity, a Press investigation found. And state officials in the Division on Civil Rights have made it easy for landlords and real estate agents to break the law, relying on a passive and drawn-out complaint process as their chief enforcement tool.
..... State officials defended their efforts Wednesday, [10/27/2021] saying in a prepared statement that they disagree with the Press's "characterization" of the division's enforcement strategy and that they investigate every complaint that is received.
..... But local housing advocates said more proactive testing is needed to reduce discrimination against Section 8 voucher holders.
..... Matt Shapiro, president of the New Jersey Tenants Organization, said the Press's investigation revealed flaws in the state's enforcement efforts, starting with a reliance on tenants, Shapiro said the low number of complaints field with the state suggests many tenants don't know their rights or have the resources to pursue a case.
..... Referencing one discrimination case publicized by the state, which took nearly 10 years to resolve, Shapiro said the length of the complaint process is :ludicrous."
..... His group helped fold protections for Section 8 voucher holders into the Law Against Discrimination nearly 20 years ago. But he told the Press that enforcement of the law since has never been proactive.
..... "It doesn't have to be that way," Shapiro said. "and it just means insufficient resources are being allocated to it. That's just with the cases they have, I do believe a vigorous testing program is the main ingredient and solution, in addition to a very robust PR effort, and it all has to come from the Division on Civil Rights. It shouldn't rely on volunteer groups or reporters to do this."
..... The New Jersey Attorney General's Office declined an interview with the press, instead sending a prepared statement through spokesman Leland Moore.
..... "We disagree with your characterization of (the Division on Civil Rights) DCR's enforcement efforts,: Moore said in an email. "DCR will continue its ongoing efforts to crack down on landlords who violate the state's anti-discrimination laws.
..... "We appreciate you shining a light on the importance of robust enforcement of the Law Against Discrimination. In addition to stepping up DCR's proactive enforcement of the LAD with initiatives such as Project HOME, we investigate every LAD complaint we receive, and readers who believed they have been victims of housing discrimination can file their complaint at bias.njcivilrights.gov .
..... Violators face up to 410,000 in penalties for a first-time offense in cases pursued by the state, and up to 450,00 for multiple offenses, along with damages paid to victims.
..... But Shapiro said unlawful discrimination against Section 8 tenants deserves more attention from the state.
..... "It's tepid. It's completely inadequate," he said of the state's response to the Press. "They refer to the one interesting program hat they had - Project HOME - that's over now. this shouldn't be a one-time deal. It should be a continuing part of the agency's work.
..... Shapiro said he was hesitant to criticize the Murphy administration just before the November 2 [2021] gubernatorial election, adding that he believes the administration cares about tenant issues.
..... "Do I envision a real strong program coming out of the Murphy administration? No, I can't predict that," Shapiro said. "But at least it's a possibility. you can approach them. We have a chance with the Murphy administration. We would not have a chance with his opponents."
..... Shapiro said the New Jersey Tenants Organization will work to broaden the discussion with other advocacy groups on how to best implement change.
..... "(This) put a bug under my pillow," he said.

Leaving vulnerable tenants at risk

..... New Jersey administers 83,214 Section 8 housing vouchers through the federally funded initiative officially known as the Housing Choice Voucher program.
..... In New Jersey, 77% of voucher holders are considered extremely low-income, meaning their total household earnings are less than 30% of the area median income, according to 2020 data from the U.S. Department of Housing and Urban Development.
..... Individuals who are Black, Native American, Asian or Pacific Islander, or Hispanic make up 75% of voucher holders statewide. white tenants account for the rest.
..... One-third of voucher holders are single mothers.
..... Another 22% have a disability; and 34% of voucher holders are over the age of 62.
..... The program was designed to give low-income tenants freedom in choosing where they live, equalizing access to better schools, neighborhoods and opportunities. Instead, the Press found it put a scarlet letter on the shoulders of vulnerable residents battling unwilling landlords.
..... For Wood, there's ample evidence the state's approach isn't working: Just look at her in-box.
..... She said the voucher holders who contacted her Wednesday [10/27/2021] didn't know it was illegal for a landlord to discriminate against them because of the source of their income and were unfamiliar with the state's complaint process.
....."It just further reconfirms that this is something that goes on daily,: she said. "It's heartbreaking because these women, some of them, they're on the verge of being homeless because they only have a certain amount of time to look for property. And it's hard when you're being discriminated against."
..... Most Section 8 housing seekers spend several years on waiting lists to receive their voucher and have just 60 days to put the rental assistance to sue before the offered assistance expires.
..... "You wait so long to get it and then you can't even use it," Wood said/ "It's heartbreaking.
..... In August, [2021] a Woodbridge landlord rejected Wood's rental application once Wood mentioned she'd be paying with Section 8. A phone recording caught the discrimination on tape.
..... "Yeah, we don't take that," the landlord said.
..... Still, it took two months for state officials to begin investigating Wood's case, and only through her own persistence.
..... She offered the other tenants facing discrimination what little advice she could: Start recording your phone calls, or make sure you have everything in writing.
..... And then she picked up the phone to call the state Division on Civil Rights again.
..... State investigators formally filed her complaint last week, [10/27/2021] but they neglected to tell her how long the ensuing investigation could take.
..... Wood said she reached out three times trying to find out, to no avail, leaving her frustrated the sate isn't motivated to do more.
..... Staci Berger, president of the Housing and Community Development Network of New Jersey, said discrimination is limiting options for low-income tenants in a tight rental market where there is scarce affordable housing.
..... The network is a statewide association of nonprofit housing and community development groups that focus on opportunities for low-income residents of New Jersey.
..... "I think evaluating what resources are at the state's disposal to protect tenants' rights is absolutely an important conversation that we should have," Berger said. "We have some of the best tenant protections in the country, by a wide margin, so people need to know that tier rights are protected.
..... But unscrupulous people are going to always try to do unscrupulous things. We do want to make sure that the law is being fully and forcefully implemented with every possible tool."
..... But Wood is losing faith in those laws - or at least the division;s efforts to enforce them.
..... Late, Wednesday [10/27/2021] she heard back from the state investigator form the Division on Civil Rights: Her discrimination case will take another six to eight weeks to investigate, and she should not expect to hear anything more before then.
..... That doesn't mean she's giving up.
..... "I'm going to make sure something changes," she said. "I'm not going to stop. It's ridiculous what has to be done."

..... Kayla Canne covers affordable housing along the Jersey Shore. Her work is funded in part by Report for America, an initiative of The GroundTruth Project. Get in touch at kcanne@gannettnj.com or on Twitter @kaylacanne.

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