ADA and FHA Accessibility Standards for New Jersey Renters

If you’re a renter in New Jersey and need accessibility in your home, understanding how federal laws like the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) work is important. Both laws ensure people with disabilities have fair and equal access to housing, but they work in different ways. Here’s what you need to know in plain language about your rights and how these standards apply to your rental situation in New Jersey.

Understanding ADA and FHA: What's the Difference?

The Americans with Disabilities Act (ADA) is a federal law that mainly covers public places and government buildings. It generally does not cover private residential housing unless that housing is also used publicly, like in leasing offices, clubhouses, or community spaces within an apartment complex.

• ADA applies to areas open to the public in apartment complexes—think rental offices or shared common areas.
• FHA, the Fair Housing Act, protects renters with disabilities in most housing situations, including private units. It requires landlords to provide reasonable accommodations and allows renters to make reasonable modifications to their units (at the renter's expense under most circumstances).

How These Laws Apply in New Jersey Rentals

In New Jersey, these laws work together. For renters:

• The New Jersey Law Against Discrimination (NJLAD) offers similar protections to the FHA and sometimes goes further to protect people with disabilities.
• Your landlord must allow you to request accessibility changes - these requests are called reasonable accommodations or reasonable modifications.

When you request an accommodation—such as allowing an assistance animal in a "no pets" building—or a modification like installing grab bars, your landlord must work with you unless it creates an "undue hardship," which means it would be extremely difficult or costly for them.

Reasonable Accommodations and Modifications: What’s the Process?

Here are a few practical examples of how these rights help renters in New Jersey:

• Requesting a parking space closer to your unit because of mobility issues
• Asking for permission to install a ramp at the entrance to your apartment
• Permitting a service animal even in a "no pets" rental

If a landlord refuses a legitimate request, you have official options for filing a complaint.

Key Forms for New Jersey Renters

• Division on Civil Rights Complaint Form: If you feel a landlord has denied reasonable accommodations, you can file a discrimination complaint. Use the New Jersey Division on Civil Rights Online Complaint Form.
  • When to use: If you believe your landlord has discriminated against you due to your disability by denying a reasonable request.
  • Example: Your landlord refuses to let you install grab bars in your bathroom. You may file this complaint with the Division on Civil Rights.
• Reasonable Accommodation Request Letter: No official form is required, but it's wise to submit your request in writing for documentation. New Jersey tenants may reference templates from the U.S. Department of Housing and Urban Development (HUD) for guidance.
  • When to use: When asking your landlord to adjust a policy or rule due to your disability—such as providing reserved parking.
  • How to use: State your request clearly, explain your disability-related need, and attach any supporting documentation from a healthcare provider if possible.

Filing a Complaint: Step by Step for New Jersey Renters

Filing a discrimination complaint is the main tool if your requests are denied. Actions are handled by the New Jersey Division on Civil Rights (DCR).

1. Gather documentation of your request (copies of letters, emails, or notes from conversations).
2. Complete and file the DCR’s online complaint form or call their office for help.
3. The DCR investigates and will contact you if they need more information or if your case proceeds.

For concerns related directly to accessible housing design (such as new construction after 1991 not meeting standards), you may also contact the U.S. Department of Housing and Urban Development (HUD).

New Jersey’s Legislation Protecting Tenants with Disabilities

State and federal laws work together. New Jersey’s main tenancy law is the New Jersey State Statutes – Title 46:8 (Landlord and Tenant). The Division on Civil Rights is the official board handling housing discrimination and accessibility complaints.

FAQ: Renters’ Accessibility Rights in New Jersey

1. Do my rights for disability accommodations apply to all types of rentals in New Jersey?
   Yes. The FHA and New Jersey Law Against Discrimination protect renters in most types of housing—apartments, condos, and some single-family homes—with limited exceptions for owner-occupied buildings with four or fewer units.
2. Can a landlord charge me extra for having a service or support animal?
   No. Under state and federal law, landlords cannot charge extra fees or pet deposits for service or assistance animals.
3. What if my landlord ignores my written request for an accommodation?
   You can file a complaint with the New Jersey Division on Civil Rights or HUD. Keep records of your request as evidence.
4. Am I responsible for paying for accessibility modifications to my apartment?
   Usually, renters pay for structural modifications inside the unit. However, landlords may not charge for making reasonable accommodations to policies or rules.
5. How quickly should a landlord respond to an accommodation request?
   There is no set timeframe, but landlords must respond promptly. Unreasonable delays can be grounds for a complaint.

Key Takeaways for Renters

• Both federal and New Jersey laws protect your right to accessibility and fair treatment in housing.
• Reasonable requests for accommodations or modifications cannot be denied without valid justification.
• If you face discrimination, you have official complaint channels with the New Jersey Division on Civil Rights and HUD.

Knowing your rights and the steps for making a request helps ensure you have a safe, accessible home.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights: Handles housing discrimination and accessibility complaints statewide.
• U.S. Department of Housing and Urban Development (HUD) – Accessibility: Information on federal accessibility standards.
• New Jersey Department of Law & Public Safety: Housing Discrimination Portal: Steps and contact information for tenants.
• New Jersey Department of Community Affairs – Housing Division: Additional support for renters.

---

1. Americans with Disabilities Act (ADA): www.ada.gov
2. Fair Housing Act: justice.gov/fair-housing-act-2
3. New Jersey Law Against Discrimination: N.J.S.A. 10:5-1 et seq.
4. Landlord-Tenant Statutes: N.J.S.A. 46:8-19
5. Division on Civil Rights Complaint Portal: bias.njcivilrights.gov
6. HUD Reasonable Accommodation Letter Guidance: hud.gov/examplesletter.pdf

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations