Protected Classes and Fair Housing Rights in New Jersey

If you're renting in New Jersey, it's important to know your rights under state fair housing laws. Understanding which groups are protected—and what steps you can take if your rights are violated—can help you respond confidently to issues like unfair treatment, application denials, or problems during your tenancy. This guide explains protected classes under New Jersey law, how these rules work in practice, and the forms and agencies involved if you need help.

Who Is Protected? Understanding Fair Housing Law in New Jersey

New Jersey has strong fair housing protections under the New Jersey Law Against Discrimination (NJLAD). This law makes it illegal for landlords or property managers to deny housing or treat tenants unfairly based on certain personal characteristics, called "protected classes." These are specific groups identified by law as being at risk of discrimination.

• Race
• Color
• National origin or ancestry
• Religion or creed
• Sex, gender identity or expression
• Disability (mental or physical)
• Family status (having children, or pregnancy)
• Marital or domestic partnership status
• Sexual orientation
• Age
• Source of lawful income (including public assistance such as Section 8 vouchers)
• Military service
• Other protected groups as specified in the latest law

This means you cannot be denied a rental unit, charged different rent, or harassed because you belong to one of these groups. Protections apply to most public and private rental housing, regardless of whether you are already a tenant or still applying.

What Housing Discrimination Looks Like

Discrimination isn't always obvious—it can be subtle or happen during the application process or while you're living in your home. Common examples include:

• A landlord refusing to rent to someone with children
• Advertising an apartment with language that discourages people from certain backgrounds
• Charging higher rent or different deposits based on disability or race
• Refusing reasonable modifications or accommodations for those with disabilities
• Denying rental applications based solely on the use of rental assistance (Section 8 vouchers)

If you experience any of these situations, you may have legal grounds for a complaint.

Filing a Discrimination Complaint in New Jersey

Tenants who believe their rights have been violated can file a complaint with the New Jersey Division on Civil Rights (DCR), which is the official state agency and tribunal responsible for investigating and addressing housing discrimination concerns.

Official Form: Division on Civil Rights – Discrimination Complaint Form

• Form name: "Complaint Form – Housing Discrimination" (No number assigned)
• When to use it: If you believe you have been discriminated against by a landlord, property manager, or real estate agent because you belong to a protected class.
• How to use it: Complete the form as soon as possible after the incident. Provide as much information as you can, including names, addresses, and details of what happened. You can file online, by mail, or in person.
• Official source: New Jersey DCR Housing Discrimination Complaint Form

How the Complaint Process Works

Once you submit a complaint, the DCR will review your claim and may interview witnesses, collect documents, and try to resolve the issue either through mediation or a formal hearing.

• If the DCR finds discrimination occurred, they can order the landlord to stop the unfair practice, pay damages, or take other actions.
• You may also file a lawsuit in state court under the New Jersey Law Against Discrimination.

The process is designed to be accessible. You do not need a lawyer to file a complaint, though you may choose to get legal help.

What New Jersey Law Covers

The main law protecting renters is the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.). It covers:

• Treatment during apartment searches and applications
• How existing tenants are treated (including rent, services, and amenities)
• Requests for reasonable accommodations (such as service animals or building modifications for accessibility)

For additional housing rights, renters can also refer to the New Jersey Truth-in-Renting Act for more on leases and tenant protections.

1. What steps should I take if I think I'm being discriminated against? Gather as much information as possible about the incident. Save emails, texts, voicemails, and any written notices. Then file a complaint with the New Jersey Division on Civil Rights as soon as you can.
2. Can my landlord refuse my application because I have children? No. Family status is a protected class in New Jersey, and it is illegal to deny or discourage tenants with children.
3. Are landlords allowed to deny Section 8 or other rental assistance? No. New Jersey law specifically protects against discrimination based on lawful sources of income, including rental assistance.
4. Where can I find the official complaint form for housing discrimination? The complaint form can be found and filed with the New Jersey Division on Civil Rights.
5. What are the time limits for filing a discrimination complaint? You must file within 180 days of the alleged discriminatory act.

Conclusion: Key Takeaways for New Jersey Renters

• New Jersey protects renters against a wide range of discrimination through the Law Against Discrimination.
• Many personal characteristics are protected—including age, disability, family status, and source of income.
• Complaints about discrimination can be filed with the New Jersey Division on Civil Rights, ideally within 180 days.

Staying informed can help you respond quickly and confidently if a problem arises during your rental experience.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights (DCR) – File housing discrimination complaints, get information on your rights, or ask questions: File a Complaint
• New Jersey Department of Community Affairs (DCA) – Landlord-Tenant Information – Official booklets and FAQs
• Read the New Jersey Law Against Discrimination (NJLAD)
• DCR Housing Resource Page – Information and updates

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1. New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)
2. New Jersey Division on Civil Rights – Residential Tenancy Tribunal
3. Official Housing Discrimination Complaint Form
4. New Jersey Truth-in-Renting Act Guide

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