New Jersey Occupancy Standards Under Fair Housing Laws

As a renter in New Jersey, understanding the rules about how many people can live in a rental unit is important for protecting your rights and your family. Landlords sometimes set occupancy limits, but these limits must be reasonable and cannot be used to discriminate. This guide explains reasonable occupancy standards under New Jersey and federal fair housing laws, provides practical steps, and lists official resources for support.

What Are Reasonable Occupancy Standards?

Occupancy standards are rules about how many people can lawfully live in a rental unit. These rules help ensure that housing is safe and not overcrowded — but they also must comply with fair housing laws and cannot be enforced in a discriminatory way.

Federal Guidelines and How They Apply in New Jersey

Under the federal Fair Housing Act, setting overly restrictive occupancy standards is considered discrimination, especially against families with children. The U.S. Department of Housing and Urban Development (HUD) generally uses the “two-persons-per-bedroom” rule as a guideline, but allows flexibility based on:

• Unit size and configuration
• Total number and ages of occupants
• Physical limitations of the property
• Local building or fire codes

New Jersey law follows these federal standards and adds its own protections under the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)¹.

Can a Landlord Set Their Own Occupancy Limits?

Landlords must base occupancy limits on legitimate health, safety, or local code requirements – not on preferences or to exclude families with children. If a landlord sets a policy stricter than federal or state guidelines, renters have the right to question it and seek help if they feel discriminated against.

What to Do If You Face Discrimination

If you suspect a landlord is using occupancy rules to unfairly limit your housing options because of your family status, you can file a complaint under New Jersey’s fair housing laws.

Which Agency Handles Tenant Complaints?

In New Jersey, complaints about housing discrimination are handled by the New Jersey Division on Civil Rights (DCR).² This is the official state agency that investigates and enforces the Law Against Discrimination for renters.

Official Forms and How to Use Them

• Division on Civil Rights Housing Discrimination Complaint Form
  
  • Form Name: Division on Civil Rights Discrimination Complaint Form
  • When to Use: If you believe a landlord has used unreasonable occupancy standards to discriminate against you, use this form to file an official complaint with the state.
  • How to File: Download the form or fill it out online at the official DCR portal. Provide details about your situation, including the property, the occupancy rule, and why you believe it’s discriminatory.

Action Steps for Renters

• Check if your landlord’s occupancy policy matches local building codes and fire safety rules (check with your city or county housing department).
• Request the policy in writing. Ask the landlord to show why the policy is needed.
• If you believe the standard is too strict or discriminatory, document your communications.
• Gather evidence — emails, texts, or written notices showing the occupancy rule or your landlord’s reasoning.
• File a complaint with the New Jersey Division on Civil Rights if you cannot resolve the issue directly.

Most cases are resolved through the state’s Division on Civil Rights. They may ask for more information or help the parties come to a resolution. You do not need a lawyer to file a complaint.

FAQ: Reasonable Occupancy Standards in New Jersey

1. How many people can live in a rental apartment in New Jersey?
   Under federal guidelines, a common rule is two people per bedroom, but New Jersey allows flexibility as long as local codes and health standards are met.
2. Can my landlord refuse to rent to me because I have children?
   No. Landlords cannot deny you housing or set stricter occupancy rules based on having children; this is illegal under both federal and state law.
3. Where do I file a complaint if I think an occupancy rule is unfair?
   You should file with the New Jersey Division on Civil Rights using their discrimination complaint form.
4. What information should I include in my complaint?
   Include details about the occupancy rule, how it was shared with you, your family situation, and any written communications with your landlord.
5. Are there local codes that might set different occupancy numbers?
   Yes. Always check with your city or township’s housing or building department as some localities may have different limits for safety or health reasons.

Key Takeaways for Renters

• Landlords in New Jersey must follow reasonable occupancy standards in line with fair housing laws.
• You have the right to question and challenge occupancy rules that seem stricter than what the law or local codes require.
• If you feel you’ve been discriminated against, you can file a complaint with the New Jersey Division on Civil Rights.

Remember to document your situation and seek guidance from official agencies or advocacy organizations if needed.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights – File Housing Discrimination Complaints
• NJ Department of Community Affairs – Local Building and Occupancy Codes
• HUD – File a Fair Housing Complaint
• Legal Services of New Jersey – Free Legal Help for Renters

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1. New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)
2. NJ Division on Civil Rights – File a Complaint

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