Can Landlords Ask for Proof of Disability in New Jersey?

Living with a disability often requires important modifications to make your rental home accessible and comfortable. If you're a renter in New Jersey requesting accommodations, you may wonder if your landlord can ask for medical documentation — and what your rights are under state law and federal fair housing rules. This guide breaks down what proof (if any) can be required, how the process works, and helpful steps for renters and landlords alike.

Understanding Reasonable Accommodations in New Jersey

Both New Jersey law and the federal Fair Housing Act protect renters from discrimination based on disability. If you need a change to rules, policies, or the property itself due to a disability, you are entitled to request a reasonable accommodation or modification.

• Accommodation: A change to an existing rule or policy (e.g., allowing a service animal where pets are not usually allowed).
• Modification: A physical change to your living space (e.g., installing a ramp or grab bars).

These laws require landlords to consider requests for disability-related changes and generally prohibit them from refusing without a valid reason.

Can Your Landlord Ask for Medical Proof?

In New Jersey, a landlord can ask for proof that you have a qualifying disability when you request an accommodation. However, the law limits the type of documentation landlords can request:

• The landlord cannot ask for your specific diagnosis or detailed medical records.
• They may ask for verification that you have a disability and need the requested accommodation.
• This verification can come from a health care provider, social worker, or another qualified third party.

The New Jersey Law Against Discrimination (NJ LAD) and the Fair Housing Act ensure that verification only needs to confirm eligibility, not disclose sensitive details.^[1]

What Documentation Can Be Requested?

Your landlord is entitled to request a letter or form confirming:

• You have a disability as defined by law.
• The requested accommodation is necessary due to that disability.

A simple note from a licensed professional is usually sufficient.

Official Forms for Disability Verification in New Jersey

While there is no mandatory state form, landlords and tenants can use a letter from a doctor or service provider, or models provided by agencies for documentation. For example:

• Sample Reasonable Accommodation/Modification Verification Form — Not state-required, but the NJ Division on Civil Rights suggests such documentation, typically a signed statement from a medical provider.
  Example use: If you need a service animal in a no-pet building, provide your landlord a letter from your doctor stating your disability and the necessity of the animal (without naming your disability type).
• Reasonable Accommodation Request to Housing Provider — While not required by New Jersey law, you can draft your own written request as the Division on Civil Rights (DCR) recommends, explaining both your disability (in general terms) and the specific accommodation needed. See sample language in the NJ DCR fact sheet.

Your Rights if the Landlord Refuses or Retaliates

If you believe your landlord is improperly demanding excessive medical information, refusing reasonable accommodations, or retaliating against you, you have options:

• File a complaint with the New Jersey Division on Civil Rights (DCR)
• File a federal fair housing complaint with the U.S. Department of Housing and Urban Development (HUD)
• Consult with legal aid or advocacy groups for advice and help

Who Handles Rental Disputes in New Jersey?

In New Jersey, residential tenancy and discrimination cases relating to disability accommodations are addressed by the New Jersey Division on Civil Rights (DCR). You can also find rental dispute resolution information through your local landlord-tenant court if the matter escalates to legal action.

The main tenancy laws are found in the New Jersey Truth-in-Renting Act and the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq).^[2],[3]

FAQ: Disability Accommodations in New Jersey Rental Housing

1. Can my landlord ask to see my medical diagnosis?
   No. Landlords may request verification you have a disability and need the accommodation, but they cannot insist on knowing your diagnosis or medical details.
2. What should my verification letter include?
   It should state that you have a qualifying disability under the law and that your requested accommodation is necessary due to this disability. It does not need to list the disability type.
3. Do I have to use a specific New Jersey form for my request?
   No. You may write a letter or have your provider submit a statement. There is no official mandatory form, but using clear language helps your request be processed smoothly.
4. What can I do if my landlord denies my request?
   You can file a complaint with the NJ Division on Civil Rights or contact HUD for possible federal intervention.
5. Will asking for an accommodation affect my rent?
   Landlords cannot charge extra fees for reasonable accommodations. They may, in some cases, request that you restore the property to its original condition when you move out (for modifications).

Key Takeaways

• Landlords in New Jersey can request basic verification of disability, but not your diagnosis.
• A letter from a licensed provider is usually enough for a reasonable accommodation request.
• If a landlord improperly denies or delays your request, file a complaint with the NJ Division on Civil Rights.

Understanding your rights ensures a fair and accessible renting experience. Always keep copies of your documentation and communications.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights – Housing Discrimination Information
• File a Discrimination Complaint with NJ DCR
• New Jersey Landlord-Tenant Court Self-Help
• U.S. Department of Housing and Urban Development – Fair Housing
• Legal Services of New Jersey – Disability Housing Rights

---

1. [1] See official New Jersey Law Against Discrimination guidance: Disability Rights in Housing Fact Sheet
2. [2] New Jersey Truth-in-Renting Act
3. [3] New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)

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