Filing a Disability Discrimination Claim as a Renter in New Jersey

If you’re renting in New Jersey and believe you’ve experienced disability discrimination, you have important protections under state and federal law. Understanding your options for filing a claim—and the steps involved—can empower you to access justice and fair housing. Here’s a clear, step-by-step guide to protecting your rights as a disabled renter in New Jersey.

Your Rights as a Renter with a Disability in New Jersey

Both the New Jersey Law Against Discrimination (NJLAD) and the federal Fair Housing Act make it illegal for landlords to discriminate against tenants or applicants because of a physical or mental disability. Discrimination can include:

• Refusing to rent, renew, or negotiate due to a disability
• Denying reasonable accommodations (like a service animal or a wheelchair ramp)
• Setting different terms or conditions for disabled tenants

You have the right to request reasonable modifications and accommodations to ensure equal enjoyment of your home.

How to Recognize Disability Discrimination

If a landlord denies you a reasonable accommodation, treats you differently because of a visible or disclosed disability, or retaliates after you request help, you may have grounds to file a claim. Keep documentation of all related communications and notices.

How to File a Disability Discrimination Claim

In New Jersey, housing discrimination complaints are handled by the New Jersey Division on Civil Rights (DCR). You may also file a federal complaint with the U.S. Department of Housing and Urban Development (HUD), but most New Jersey tenants start with the DCR.

Official Forms You’ll Use

• Housing Discrimination Complaint Form (DCR):
  Use this to file your official claim with the DCR. You can complete it online or by mail. See the New Jersey DCR’s Complaint Form (PDF) or file directly using their Online Intake Portal.
  • Example: If your landlord refuses to allow a service animal even after you provide medical documentation, you would use this form to start a formal investigation.
• HUD Form 903—Housing Discrimination Complaint:
  Used if you wish to file your claim with the federal agency. Find it at the official HUD website.
  • Example: If you believe your case involves broader patterns of discrimination or you want to pursue both state and federal remedies, you may use this form as well.

Step-by-Step Action: Filing a Disability Discrimination Complaint

• Gather documentation, including letters, emails, lease agreements, and proof of your accommodation request.
• Visit the New Jersey DCR official filing portal or download the required form.
• Complete your complaint, clearly describing what happened, including dates, names, and a description of the discrimination.
• Submit your form online, by mail, or in person according to DCR instructions.
• Wait for DCR to contact you for next steps. They may investigate or schedule mediation.

The Tribunal Handling Housing Disputes in New Jersey

The New Jersey Division on Civil Rights (DCR) investigates and enforces housing discrimination complaints under state law. The DCR handles both informal mediation and formal hearings. For general landlord-tenant disputes (non-discrimination), the New Jersey Landlord-Tenant Section of Special Civil Part manages eviction or rent-related cases.

NJ Laws Protecting Disabled Renters

The main legislation is the New Jersey Law Against Discrimination (N.J. Stat. Ann. 10:5-1 et seq.). This works alongside the federal Fair Housing Act regulations. These laws require landlords to treat renters with disabilities fairly and accommodate their needs wherever reasonable.

Frequently Asked Questions

1. What counts as a "reasonable accommodation" under New Jersey law?
   A reasonable accommodation is a change to rules, policies, or services that allows a disabled renter equal access to housing. Examples include installing grab bars, allowing service animals, or designating a parking spot close to the entrance.
2. How long do I have to file a discrimination claim?
   In New Jersey, you must file your claim with the DCR within 180 days of the alleged discrimination.
3. Can my landlord evict me for filing a disability discrimination complaint?
   Retaliating against a tenant for filing a discrimination claim is illegal under the NJ Law Against Discrimination and may result in further penalties for the landlord.
4. Is there a cost to file a complaint with the DCR?
   No. Filing a housing discrimination claim with the Division on Civil Rights is free of charge.
5. What happens after I file my complaint?
   The DCR will investigate your claim and may mediate a settlement or, where appropriate, schedule a hearing before an administrative law judge.

Key Takeaways

• New Jersey law safeguards renters with disabilities from discrimination and mandates reasonable accommodations.
• File claims through the New Jersey Division on Civil Rights and use official complaint forms for clear, documented action.
• Retaliation for seeking accommodations or asserting your rights is prohibited by law.

Reach out to official agencies or advocacy organizations if you need more help navigating the process.

Need Help? Resources for Renters

• New Jersey DCR - File a Complaint (official filing page, resources, forms, and contact details)
• NJ DCR Contact Information (regional offices, phone numbers, email for questions)
• HUD - Housing Discrimination Complaints (federal filing option)
• NJ Landlord-Tenant Court (court info for general rental disputes)
• NJ Landlord-Tenant Information Service (state legal guides and answers)

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1. New Jersey Division on Civil Rights – Housing Discrimination
2. New Jersey Law Against Discrimination (N.J. Stat. Ann. 10:5-1 et seq.)
3. Federal Fair Housing Act
4. DCR Filing Instructions and Forms
5. HUD – File a Housing Discrimination Complaint

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