How to Get a Court Fee Waiver in New Jersey Housing Court

If you’re a renter in New Jersey facing eviction or another housing dispute, going to court can feel overwhelming—especially if you’re struggling financially. Thankfully, New Jersey allows renters who cannot afford court fees to request a fee waiver. This guide explains what a court fee waiver is, who qualifies, and how to apply, so you can access the legal system without hardship.

What Is a Court Fee Waiver and Who Handles Housing Cases in New Jersey?

A court fee waiver allows you to ask the court not to charge you for required court costs, such as filing or service fees, if you can’t afford them. In New Jersey, housing (landlord-tenant) cases are usually handled by the Superior Court of New Jersey, Special Civil Part, Landlord-Tenant Section. This tribunal oversees issues like eviction, rent recovery, and repairs.

New Jersey’s Tenancy Law and Renters’ Court Rights

New Jersey renters are protected by the New Jersey Anti-Eviction Act and Truth-in-Renting Act ^[1]. These laws outline renter protections and legal processes, including your right to defend against an eviction in court, regardless of income.

Who Qualifies for a Court Fee Waiver?

If you’re a renter and meet certain financial guidelines, you may qualify for a fee waiver—often called “In Forma Pauperis” status.

• Your household income is at or below 150% of the federal poverty level
• You receive public assistance (like SSI, TANF, or General Assistance)
• You don’t have enough income to pay both your living expenses and court fees

The court may grant a full or partial fee waiver depending on your situation.

How to Request a Court Fee Waiver in New Jersey Housing Cases

You’ll need to complete and submit certain official forms to apply for a waiver. Here’s what you should know:

Key Forms for Requesting a Fee Waiver

• Form Name: Application for Waiver of Filing Fees and Certification in Support (Form 11238)
  When and How Used: Use this form if you cannot afford court fees related to your landlord-tenant case. Complete it when you file your tenant complaint or when responding to an eviction action. For example, if your landlord has filed to evict you and you need to file an Answer or make a court request but cannot pay the fee, attach this form to your paperwork.
  Official Source: New Jersey Courts Forms
• Form Name: Order Waiving Filing Fees (Form 11228)
  When and How Used: The judge will complete and sign this order if your waiver is approved. You should not fill this yourself, but it is helpful to know the process and recognize this form with your case paperwork.
  Official Source: New Jersey Courts Forms

How to Apply for a Court Fee Waiver: Action Steps

Here’s a summary of the process for renters:

• Complete the Application for Waiver of Filing Fees (Form 11238) as fully and honestly as possible.
• Gather any proof of government benefits or income (pay stubs, award letters, etc.).
• Submit your completed application with the landlord-tenant form you’re filing (e.g., Answer, complaint) at the clerk’s office or online through eCourts if available.
• Wait for the court to review your application. The judge may ask for more information or schedule a short hearing.
• If approved, you’ll get an order and can proceed with your case without paying the standard filing fees.

If you need help filling out these forms, contact the New Jersey Courts Self-Help Center or ask the court clerk for assistance. You have the right to request a waiver, so do not let fees stop you from defending your home.

What Happens After You Apply?

The judge will review your application and may approve, partially approve, or deny the fee waiver. If denied, the court will explain how to pay the required fees or appeal the decision. If approved, you can move forward with your case without paying the costs covered by the waiver.

FAQ: Court Fee Waivers for New Jersey Renters

1. Will applying for a fee waiver affect my case outcome?
   No. Applying for a fee waiver will not hurt your chances in the underlying landlord-tenant dispute. Judges decide your fee waiver only based on your finances.
2. Can I get a fee waiver if I’m filing an appeal in a landlord-tenant case?
   Yes. The same application process applies for waivers in appeals. Use Form 11238 when you file your appeal paperwork.
3. What if I don’t have all the required proof of income?
   Submit as much information as you can. The court may ask for more. Court staff can help if you’re having trouble collecting documents.
4. Which fees can be waived in New Jersey housing cases?
   Filing fees, service of process fees, and some court-ordered costs for landlord-tenant cases may be covered. The court will specify what is included if your waiver is approved.
5. Is a fee waiver permanent?
   No. A waiver is only for your current case. If you file again later, you must apply each time based on your current finances.

Key Takeaways for New Jersey Renters

• If you can’t afford court fees, you have the right to ask for a waiver.
• Always use the official forms and submit them with your case documents.
• If you’re unsure about your options, the court’s self-help services are there for you.

With the correct paperwork and some preparation, no renter should be kept out of court because of inability to pay fees.

Need Help? Resources for Renters

• New Jersey Courts Self-Help Center: FAQs, forms, and support for court users
• Superior Court of New Jersey, Special Civil Part, Landlord-Tenant: Tribunal for housing disputes
• Legal Services of New Jersey: Free legal assistance for eligible renters
• New Jersey Department of Community Affairs: Housing rights and rental programs

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1. New Jersey Truth-in-Renting Act, N.J.S.A. 46:8-43 to 46:8-50; New Jersey Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq.

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