Accessible Parking Rights for Disabled Renters in New Jersey
If you are a renter in New Jersey living with a disability, accessible parking is essential for your independence and quality of life. Knowing your rights and how to request reasonable parking accommodations can help ensure equal access to your home. This guide reviews New Jersey and federal laws regarding accessible parking for tenants with disabilities, explains key steps, and connects you to official resources.
Understanding Your Rights: Federal and New Jersey Law
Both the federal Fair Housing Act (FHA) and the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) protect tenants with disabilities. Landlords must provide "reasonable accommodations"—changes to rules, policies, or services—when necessary for a person with a disability to use and enjoy their home.
- This includes modifications to parking policies, creation of accessible parking spaces, or designating existing spots.
- A landlord cannot charge you extra fees for a reasonable accommodation.
- You may be asked for medical documentation if your disability is not obvious.
Learn more in the New Jersey Division on Civil Rights' Fair Housing for Tenants Guide.
Requesting Accessible Parking from Your Landlord
To receive a parking accommodation, you must request it from your landlord—this is called a "reasonable accommodation request." While you can make this request orally, it is best to do so in writing for your records.
- Describe your disability or mobility issue (e.g., "I use a wheelchair" or "my medical provider recommends closer parking").
- Specify the parking change you need (e.g., a designated spot, a reserved accessible space, or curb cuts).
Sample Accommodation Request Letter
While there is no mandatory statewide form for New Jersey renters, you may use a simple letter or the sample in the Sample Reasonable Accommodation Request Letter provided by the Division on Civil Rights.
- When to use: Whenever requesting a parking change due to your disability.
- How to use: Fill in your reasons and requested accommodation, deliver a copy to your landlord/property manager, and keep a copy for your records.
If your landlord needs documentation, New Jersey landlords may request a Medical Provider Verification Letter. This form is completed by your doctor to confirm how your disability relates to your request.
What Landlords Must (and Must Not) Do
- Review your accommodation request promptly and discuss alternatives if needed.
- Cannot automatically deny requests; must show undue burden or fundamental change to deny.
- Cannot increase your rent or add fees for the accommodation.
- Must respect privacy—medical information stays confidential.
If your request is ignored or refused unjustly, you may file a complaint with the New Jersey Division on Civil Rights (DCR), which enforces housing discrimination laws.
Legal Protections for Parking Accommodations
- Fair Housing Act (FHA): Prohibits discrimination against tenants with disabilities in housing and requires reasonable accommodations.
- New Jersey Law Against Discrimination: Expands protections in rental housing, including accessible parking policies.
State law works in tandem with the FHA so you are protected at both state and federal levels. For building code requirements for accessible spaces, see New Jersey's Residential Site Improvement Standards.
What If Your Landlord Refuses or Delays?
If you believe your rights are violated, you can take these steps:
- Send a follow-up letter to your landlord, referencing your previous request and state law.
- File a discrimination complaint using the NJ DCR Housing Discrimination Complaint Form.
- Seek assistance from the Division on Civil Rights or legal aid organizations.
Which Tribunal Handles Tenancy Disputes in New Jersey?
Most landlord-tenant disputes in New Jersey, including accessibility issues, are handled by the New Jersey Superior Court – Special Civil Part, Landlord/Tenant Section.
For complaints of discrimination (such as denied parking accommodations), file with the New Jersey Division on Civil Rights (DCR).
FAQ: Parking Accommodations in New Jersey Rentals
- Can my landlord refuse to give me an accessible parking space? Landlords must make reasonable accommodations unless it creates an undue burden or fundamental alteration. They must have a strong, legal reason to deny the request.
- Do I need to provide proof of my disability? If your disability and need are not obvious, your landlord may request a simple verification from a medical provider—but not detailed medical records.
- Can I be charged extra for an accessible space? No. Landlords cannot charge extra fees or higher rent for providing a reasonable parking accommodation.
- Where do I file a complaint if my landlord refuses my request? You can file with the New Jersey Division on Civil Rights or contact the Special Civil Part (Landlord/Tenant Court) for housing disputes.
- Are there official forms to use for requesting accommodations? Yes. Use the Sample Reasonable Accommodation Request Letter and, if needed, the Medical Provider Verification Letter.
Key Takeaways
- You have the right under New Jersey and federal law to request reasonable parking accommodations if you have a disability.
- Always submit your request in writing and keep copies for your records.
- If you face barriers, official agencies like the Division on Civil Rights can help you enforce your rights.
Accessible parking for disabled renters is protected in New Jersey—know your rights and take action if needed.
Need Help? Resources for Renters
- New Jersey Division on Civil Rights: Enforces state anti-discrimination laws and handles complaints; includes complaint instructions & forms.
- NJ Special Civil Part (Landlord/Tenant Court): Handles rental disputes.
- NJ Division of Housing & Community Resources: Tenant support and housing programs.
- NJ Division of Disability Services – ADA Assistance: Help navigating ADA and accessibility rights.
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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