Illegal Rental Ad Language: New Jersey Fair Housing Rules

Are you a New Jersey renter worried about discrimination in rental advertising? Understanding what language landlords and property managers can (and cannot) use in rental listings can help protect your rights and ensure fair access to housing. New Jersey has some of the strongest anti-discrimination laws in the country, designed to prevent unfair practices in the rental market.

What Makes Rental Ad Language Illegal in New Jersey?

The New Jersey Law Against Discrimination (LAD) and the federal Fair Housing Act prohibit landlords, real estate agents, and property managers from using language in rental ads that discriminates based on any protected class. This means advertisements cannot suggest a preference, limitation, or discrimination for certain tenants.

Protected Classes Under New Jersey Law

The following characteristics are protected under New Jersey Law Against Discrimination as well as federal law:

• Race or color
• National origin or ancestry
• Religion or creed
• Sex, gender identity or expression
• Family status (including whether you have children)
• Disability or perceived disability
• Marital or civil union status
• Age
• Domestic partnership status
• Sexual orientation
• Source of lawful income (such as Section 8 housing vouchers)

If any of these classes is referenced in an exclusionary or preferential way in a rental ad, it could be illegal.

Examples of Illegal and Legal Ad Language

• Illegal: "No kids," "Christians preferred," "Perfect for single professionals," "No Section 8," "Females only," "English speakers only," "Not suitable for disabled"
• Legal: "Two-bedroom apartment," "No smoking," "Pet policy: no pets," "Credit check required"

It's important to focus rental ads on the property itself—not on the preferred type of tenant.

Where to File a Complaint About Discriminatory Ads

If you have seen an illegal rental ad or believe you have been the target of discriminatory housing practices, you have the right to file a complaint. In New Jersey, complaints are handled by the Division on Civil Rights (DCR).

Official Form: Division on Civil Rights Complaint Form

• Form Name: Division on Civil Rights Discrimination Complaint Form
• When to Use: If you believe you have encountered rental discrimination—including discriminatory ad language—you can file this form to start an investigation.
• How It's Used: You fill out details about the ad, the landlord, and the specific language or behavior you believe was discriminatory. Attach screenshots or links to ads if possible.
• Access the official DCR Discrimination Complaint Form

Relevant New Jersey Tenancy Legislation

For renters, the central law is the New Jersey Law Against Discrimination (LAD) (N.J.S.A. 10:5-1 et seq.). This law works alongside the federal Fair Housing Act to ensure fair access to housing. Both make it illegal to publish, print, or display any rental advertisement that restricts based on protected characteristics.^[1][2]

What Happens After Filing a Complaint?

After you submit the DCR Discrimination Complaint Form, your case is assigned to an investigator. The DCR may contact you for more information, review the ad or evidence, and can order landlords to remove illegal ads or make policy changes. Remedies can include damages, policy requirements for landlords, or even penalties if violations are found.^[3]

Key Takeaways: Rental Ad Language in New Jersey

• Rental ads cannot contain language that shows preference, limitation, or discrimination based on protected characteristics.
• Complaints can be submitted to the NJ Division on Civil Rights.
• The main law protecting New Jersey renters is the New Jersey Law Against Discrimination.

Frequently Asked Questions

1. Can a landlord say "no children" in a New Jersey rental ad?
   No. Excluding children is considered "familial status discrimination" and is prohibited under New Jersey Law Against Discrimination and federal law.
2. Is it illegal for a rental ad to say "no Section 8" in New Jersey?
   Yes. Refusing renters based on lawful source of income, like Section 8 or housing vouchers, is illegal in New Jersey.
3. Who enforces fair housing laws for renters in New Jersey?
   The Division on Civil Rights enforces these laws and investigates housing discrimination complaints.
4. Do I need to be a tenant to file a complaint about a discriminatory ad?
   No. Anyone who sees or is affected by a discriminatory ad can file a complaint with the Division on Civil Rights.
5. What is considered discriminatory language in a rental listing?
   Any language that expresses a preference, limitation, or exclusion based on race, religion, gender, family status, disability, lawful source of income, or other protected characteristic.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights (DCR) – File a housing discrimination complaint, access forms, and get answers about your rights
• New Jersey Department of Community Affairs: Housing Resources – Information on tenant rights and fair housing
• U.S. Department of Housing and Urban Development – Complaint Process
• NJ DCR Fair Housing Pamphlet (PDF)

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1. See New Jersey Law Against Discrimination (N.J.S.A. 10:5-12)
2. Federal Fair Housing Act (42 U.S.C. § 3601 et seq.)
3. How to File a Discrimination Complaint – NJ Division on Civil Rights

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