New Jersey Tenant Rights: Familial Status Discrimination Guide

Every renter in New Jersey is protected by laws that prohibit discrimination based on familial status. This means landlords cannot treat you unfairly simply because you have children, are pregnant, or are securing custody of a child. Understanding these rights helps ensure your family has equal access to safe, affordable housing throughout the state.

Understanding Familial Status Discrimination

Familial status discrimination occurs when a landlord or housing provider treats someone unfairly because:

• The household has one or more children under 18 living there
• A pregnant person will be living there
• Someone is in the process of getting custody of a child under 18

Landlords in New Jersey cannot refuse to rent, set different terms, or otherwise disadvantage you for these reasons.^[1]

Your Rights as a Renter in New Jersey

• Landlords cannot advertise or state that children are not allowed (except in certain senior housing communities)
• You can’t be charged higher rent, extra deposits, or be subject to different rules because of your children
• Your rental application cannot be denied due to your familial status
• Any rules (like quiet hours, play restrictions, or occupancy limits) must apply equally to all tenants

These protections are granted under both the New Jersey Law Against Discrimination (LAD) and the federal Fair Housing Act.^[1][2]

How to Respond to Familial Status Discrimination

If you believe you have been discriminated against due to familial status, you have the right to file a complaint.

Official Forms and Where to File

• New Jersey Discrimination Complaint Form (Division on Civil Rights, DCR)
  Complaint Portal or download the Discrimination Complaint Form (no form number).
  Use when: You believe a landlord has discriminated against you because of familial status.
  Example: A landlord refuses to rent an apartment to you because you have children.

Complaints are processed 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).

Steps to File a Discrimination Complaint in New Jersey

• Gather documentation: collect emails, letters, rental ads, or recordings showing what happened.
• Complete the Discrimination Complaint Form (online or by mail).
• Submit your complaint to the New Jersey DCR within 180 days of the incident.
• Cooperate with the DCR investigation—they may ask for more information or schedule interviews.

If you feel unsafe or are facing eviction because of discrimination, contact DCR or a legal aid service immediately for support.

Tribunals and Official Boards for New Jersey Tenants

• New Jersey Division on Civil Rights (DCR): Handles all housing discrimination complaints.
  Division on Civil Rights Official Website
• New Jersey Superior Court, Landlord-Tenant Section: Handles eviction and rent-related disputes.
  Superior Court Landlord-Tenant Information

Relevant Tenancy Legislation in New Jersey

• New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)
• New Jersey Statutes Title 46 – Property

The New Jersey Law Against Discrimination covers all types of protected classes, including familial status.^[1][3]

FAQ: Familial Status & Renting in New Jersey

1. Can a landlord refuse to rent to me because I have children?
   No. In most cases, landlords cannot deny housing to families with children, except in certain qualifying senior housing.
2. What do I do if I believe I was discriminated against?
   Gather evidence and file a discrimination complaint with the New Jersey Division on Civil Rights as soon as possible.
3. Are there exceptions to these rules?
   Senior or retirement communities designated for people 55+ may be exempt under state and federal law.
4. Can a landlord set different rules for families with children?
   No. Rules must be applied equally to everyone, unless there is a justified safety or capacity requirement applied neutrally.
5. Is there a deadline to file a discrimination complaint?
   Yes. In New Jersey, tenants must file with the DCR within 180 days of the incident.

Key Takeaways for New Jersey Renters

• You are protected against familial status discrimination under both state and federal law.
• File a complaint promptly with the New Jersey Division on Civil Rights if you suspect discrimination.
• All tenants have equal rights, and landlords must treat families fairly.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights: For filing complaints and learning about your rights.
• NJ Department of Community Affairs – Landlord/Tenant Information: Official housing guides and rent info.
• Legal Services of New Jersey: Free legal resources for families facing discrimination.
• HUD Fair Housing: Federal information and complaint options.

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1. New Jersey Law Against Discrimination (N.J.S.A. 10:5-12). Official Text
2. Fair Housing Act (42 U.S.C. §§ 3601-3619). HUD Summary
3. New Jersey Statutes Title 46 – Property, Landlord-Tenant Law. Full Statute

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