Is Source of Income Discrimination Illegal in New Jersey?

For renters in New Jersey, it’s crucial to know your rights when it comes to applying for housing, especially if you rely on non-wage income like government assistance, Section 8 vouchers, or disability benefits. Many renters ask if landlords can reject their application based on their source of income. Here’s what current New Jersey law says—and what you can do if you feel you’ve been treated unfairly.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord refuses to rent or renew a lease, or treats tenants differently, because they use income like housing vouchers, Social Security, child support, or other legal income sources to pay rent. This can include:

• Denying rental applications solely due to Section 8 (Housing Choice Voucher) participation
• Setting stricter requirements for renters with subsidies
• Advertising "no vouchers" or "no subsidies"

This kind of discrimination makes it harder for many people to find safe, stable housing.

Is Source of Income Discrimination Banned in New Jersey?

Yes—New Jersey law protects renters from discrimination based on their lawful source of income. The New Jersey Law Against Discrimination (N.J.S.A. 10:5-12) makes it illegal for landlords, property managers, or real estate agents to refuse to rent, set different terms, or advertise in a way that discriminates against people because of how they pay their rent, including using housing vouchers or public assistance.^[1]

What Types of Income Are Protected?

Lawful sources of income protected in New Jersey include, but are not limited to:

• Section 8 Housing Choice Vouchers
• Social Security or SSDI payments
• Unemployment benefits
• Public assistance and TANF
• Alimony or child support
• Any legal, verifiable income used to pay rent

Landlords can still conduct background checks and follow other fair screening procedures, but they cannot deny you just because you use any type of lawful income.

What Should I Do If I Face Source of Income Discrimination?

If you believe a landlord or rental agent has treated you unfairly due to your income source, you have the right to file a complaint with the New Jersey Division on Civil Rights (DCR), the agency that enforces fair housing laws in New Jersey. Here’s how the process generally works:

• Gather evidence such as texts, emails, applications, or advertisements that show possible discrimination.
• Complete the official Division on Civil Rights Discrimination Complaint Form (DCR-Complaint-Intake-Form). You can download the Housing Discrimination Intake Questionnaire here.^[2]
• Submit your completed form online, by email, or by mail to a DCR regional office.
• The DCR can investigate the matter and may help resolve it through conciliation or, if necessary, hold a hearing.

Renter tip:

Key Forms and How to Use Them

• Discrimination Complaint Form (DCR-Complaint-Intake-Form):
  • When to use: If a landlord, property manager, or agent refuses to rent or sets different terms due to your income source.
  • How renters use it: Fill out details of the experience and provide supporting documentation. Submit to the DCR. For example, if a landlord tells you, “We don’t take Section 8,” use this form to open an official complaint. Filing instructions and form are here.

Understanding New Jersey’s Main Housing Law

The New Jersey Law Against Discrimination is the central legislation that protects renters against source of income bias. The law is regularly enforced by the DCR and applies to almost all rental housing types in the state except owner-occupied buildings with a small number of units.^[1]

Steps to File a Source of Income Discrimination Complaint with the DCR

Filing a complaint can help you enforce your rights and may lead to corrective action. Here’s what to do:

• Collect copies of any communications or documents related to the rental issue.
• Fill out the DCR Housing Discrimination Intake Questionnaire.
• Submit your complaint to the DCR online or by mail.
• The DCR will review the information, investigate, and contact you about next steps.

If you ever feel unsure during the process, you can reach out to state agencies or advocacy groups for guidance.

FAQ: Source of Income Discrimination in New Jersey

1. Can a New Jersey landlord refuse to rent to me because I have a Section 8 voucher?
   No, under state law, landlords cannot reject applicants simply for having a Housing Choice Voucher (Section 8). This is protected by New Jersey’s anti-discrimination law.
2. Is it legal for landlords to advertise "no Section 8" in New Jersey?
   No, advertising that excludes renters based on lawful income, such as "no vouchers," is also illegal in New Jersey.
3. How do I report a landlord who discriminates against my income?
   File a complaint with the New Jersey Division on Civil Rights using their official Housing Discrimination Intake Questionnaire. Submit the completed form and evidence within 180 days of the incident.
4. Does the law cover all landlords?
   Most rental properties are covered, but there are exemptions for owner-occupied dwellings with two or fewer units.
5. Do I need an attorney to file a complaint?
   No, you can file a fair housing complaint on your own at no cost, but you may consult an advocate if you need help.

Key Takeaways for New Jersey Renters

• New Jersey law protects renters from source of income discrimination.
• If you experience discrimination, you can file a complaint with the state Division on Civil Rights.
• All lawful sources of income—including Section 8 and public assistance—are covered.

Being aware of your rights helps you secure and keep the housing you need.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights (DCR) – File complaints and learn more about your rights.
• Guide to Landlord-Tenant Rights in New Jersey – Official NJ government tenant handbook.
• New Jersey Landlord-Tenant Information Service (LTIS) – State information line for housing issues.
• Local housing code offices – For local enforcement and tenant assistance.

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1. New Jersey Law Against Discrimination (N.J.S.A. 10:5-12), official state law.
2. New Jersey Division on Civil Rights, file a complaint process.

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