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Newark NJ apartment complex attempts a gun ban for tenants

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On 5/9/2018 at 0:06 PM, NJGF said:

This doesn't have the effect of law. it is not criminal to violate it. NJ statute allows you to keep a firearm in your home. As long as no one knows you would be OK. In the event the landlord discovers you have a firearm he could break your lease. So get rid of those Glock bumper stickers and tee shirts :lol:. It also might make for a nice court case for infringing on your constitutional rights.

Hmmmm...   then by comparison, they can say you will be evicted if you post signs or wear clothing supporting candidates they don’t prohibit. 

Its just a different part of the bill of rights.  Why would it be any different?

And if somehow and landlord could interefere with your right to own a gun, it seems appropriate to hope those landlords gets their heads blown off in a robbery by a criminal who knows he place is gun free.

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9 hours ago, Kevin125 said:

Hmmmm...   then by comparison, they can say you will be evicted if you post signs or wear clothing supporting candidates they don’t prohibit. 

Its just a different part of the bill of rights.  Why would it be any different?...

I would say yes.  Their property, their rules.  If I want to ban you from wearing a Hillary shirt on my property, I can do that.  If I want to build a 55 and over community, a Republican only apartment building, or a building that only rents to Lutherans, that should be allowed.  I know it isn't - but it should be.

The problem for me is that you can't make a unilateral change to the lease agreement once it's signed.  This ban wasn't part of the lease, it can't be added now.

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I would say yes.  Their property, their rules.  If I want to ban you from wearing a Hillary shirt on my property, I can do that.  If I want to build a 55 and over community, a Republican only apartment building, or a building that only rents to Lutherans, that should be allowed.  I know it isn't - but it should be.
The problem for me is that you can't make a unilateral change to the lease agreement once it's signed.  This ban wasn't part of the lease, it can't be added now.


You are forgetting they took public funds for the apartment so no they can't just make up their own rules.


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3 hours ago, maintenanceguy said:

...., or a building that only rents to Lutherans, that should be allowed.  I know it isn't - but it should be.

A lease can ban lots of things but I don't think you can ban protected classes of people which would include religious groups.

The Fair Housing Act: (42 U.S. Code 3601-3619, 3631 bans religious discrimination.

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15 hours ago, maintenanceguy said:

I would say yes.  Their property, their rules.  If I want to ban you from wearing a Hillary shirt on my property, I can do that.  If I want to build a 55 and over community, a Republican only apartment building, or a building that only rents to Lutherans, that should be allowed.  I know it isn't - but it should be.

The problem for me is that you can't make a unilateral change to the lease agreement once it's signed.  This ban wasn't part of the lease, it can't be added now.

You’re talking about contract law.  As long as a stipulation isn’t illegal and both parties agree, you can have the restriction/requirement.  And one party can’t change the terms, unless thats part of the agreement.

As NJGF wrote, you can’t ban protected classes of people.  And there are limits to what can be stipulated.  Banning possesion of something....I suppose.  How you use it?  I don’t think so.

This isn’t what the mgt in that complex is doing, but even if their contract allowed major revisions as the lessor sees fit, they can not for example say....you may posses a handgun but you may not use that handgun to defend yourself.

So...your properties...your rules.....but to a limit.

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