## Facts

- A landlord advertised a three-bedroom apartment for rent in a building where his family resided.
- Three men applied to rent the apartment; the landlord learned they were homosexual.
- The applicants alleged the landlord refused to rent to them because he feared they might later acquire AIDS and endanger his family.
- A discrimination complaint was filed with the state civil rights agency under the New Jersey Law Against Discrimination (LAD).
- While the administrative matter was pending, the agency director sought a preliminary injunction in court to prevent the landlord from renting the unit to others.
- The court found a reasonable probability that the agency would prove the refusal to rent occurred for the asserted reason (fear tied to AIDS).

## Issues

1. Whether AIDS constitutes a “handicap” under the New Jersey LAD.
2. Whether the LAD prohibits housing discrimination based on a perceived handicap, including a belief that an applicant is likely to acquire AIDS.
3. Whether the agency satisfied the requirements for a preliminary injunction to preserve the apartment during the pendency of the discrimination proceeding.

## Decision

- The court held that AIDS is a “handicap” within the meaning of the LAD.
- The court held that the LAD covers discrimination based on perception of handicap, even if the applicants did not have AIDS.
- The court held that refusing to rent to homosexual applicants based on fear they might contract AIDS constitutes unlawful handicap-based discrimination under the LAD.
- The court granted a preliminary injunction restraining the landlord from renting the apartment to others while the administrative complaint was pending, with conditions aimed at protecting the landlord’s property interests.

## Legal Principles

- AIDS is a severe, debilitating condition that qualifies as a statutory “handicap” for purposes of the LAD’s housing protections.
- The LAD prohibits discrimination not only based on an actual handicap, but also based on a perceived handicap (including being viewed as at risk of a handicap).
- Generalized fear or group-based assumptions about AIDS risk cannot justify refusing housing to particular applicants; such conduct can constitute discrimination “because of” perceived handicap.
- Preliminary injunctive relief requires a reasonable probability of success on the merits, irreparable harm absent relief, and a balance of hardships and public interest favoring the injunction; preserving the status quo may be warranted where statutory civil rights are threatened.

## Conclusion

The court treated AIDS as a protected handicap under the LAD and extended LAD coverage to housing decisions driven by perceived AIDS-related risk, concluding that a landlord’s refusal to rent based on fear that homosexual tenants might later contract AIDS was unlawful and warranted interim injunctive relief to prevent the unit from being rented to others during the administrative proceeding.


Poff v. Caro, 549 A.2d 900 (N.J. Super. Ct. Law Div. 1987)