Proving Discriminatory Tenant Screening in New Jersey Rentals

Renters in New Jersey have strong legal protections against discrimination, especially when landlords are screening potential tenants. If you believe that you were unfairly denied housing or treated differently during the application process, it's important to know your rights and how you can prove discrimination under New Jersey law.

Understanding Discriminatory Screening Practices in New Jersey

Discriminatory screening occurs when a landlord treats a tenant or applicant unfairly because of certain protected characteristics. Federal and New Jersey state laws prohibit housing discrimination based on factors such as:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Disability
• Familial status (e.g., children in the household)
• Marital status, age, source of lawful income, and more (under NJ law)

The New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) and the federal Fair Housing Act both guarantee these rights¹.

Common Signs of Discriminatory Screening

If you experience any of the following, they may be signs of illegal discrimination during the rental application process:

• Being told a unit is unavailable when it is still advertised for others
• Being asked for different application requirements than other applicants
• Receiving different terms or higher security deposits
• Receiving discouraging comments about your background, family, or disability
• Unreasonable or extra documentation required for certain applicants

Steps to Prove Discriminatory Screening in New Jersey

Here's how renters can gather evidence and take action if they suspect housing discrimination:

• Document all interactions: Record dates, names, conversations, application outcomes, and any evidence of differing treatment.
• Collect written communications: Save emails, texts, application forms, and any printed advertisements.
• Compare applicant treatment: If possible, note how others with similar backgrounds or financial qualifications were treated during the process.
• Seek witness statements: If someone observed the discriminatory treatment, have them write what they saw or heard.
• Request reasons for denial in writing if your application is rejected.

Filing a Housing Discrimination Complaint in New Jersey

If you have evidence of discriminatory screening, you can file a formal complaint with the New Jersey Division on Civil Rights (DCR). This is the state's official board handling fair housing issues for renters. File a complaint with the NJ Division on Civil Rights here.

• Official Form: DCR Online Complaint Form
• When to use: If you believe you have experienced discrimination in any aspect of housing, including rental applications
• How to use, example: A renter denied a lease after disclosing they have children uses the DCR Intake Questionnaire and Complaint Form to submit their evidence and initiate an investigation.

Complaints must be filed within 180 days of the incident. The DCR will investigate and may arrange for mediation or, if necessary, a legal hearing.

Federal Filing Option

If you prefer, you may also file with the U.S. Department of Housing and Urban Development (HUD). This can be done online at HUD's Housing Discrimination Complaint portal.

Relevant Legislation and Protections

The main New Jersey law protecting renters is the Law Against Discrimination (N.J.S.A. 10:5-1 et seq.). It is enforced by the Division on Civil Rights. Federal protections come from the Fair Housing Act.²

FAQ: Proving Discrimination in Screening for New Jersey Renters

1. What counts as evidence of discrimination in tenant screening?
   Any documentation showing you were treated differently because of a protected characteristic—such as denial emails, texts, or witness statements—can be evidence.
2. How long do I have to file a fair housing complaint in New Jersey?
   You must generally file your complaint within 180 days of the discriminatory incident with the New Jersey Division on Civil Rights.
3. Can a landlord ask about my immigration status when screening?
   Landlords can verify lawful presence but cannot discriminate because of national origin or citizenship. This is covered under New Jersey and federal fair housing laws.
4. What happens after I file a discrimination complaint?
   The Division on Civil Rights will investigate, possibly mediate, and may hold a hearing if necessary. The process is designed to be renter-friendly and accessible.
5. Is it possible to file both a state and federal complaint?
   Yes, you can file complaints with both the New Jersey Division on Civil Rights and HUD. The agencies may coordinate the investigation.

Key Takeaways for New Jersey Renters

• Always document your interactions and save any written communications with potential landlords.
• If you suspect discrimination, file a complaint promptly using the correct form and provide as much evidence as possible.
• You are protected under strong New Jersey and federal laws, and agencies like the Division on Civil Rights are here to help.

If you’re concerned about unfair screening, taking these steps empowers you to challenge discrimination and seek fair housing.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights: Main agency for fair housing complaints
• NJ Department of Community Affairs – Landlord/Tenant Information Service: General renter help and FAQs
• HUD Office of Fair Housing and Equal Opportunity: National resource for housing discrimination
• Legal Services of New Jersey: Free legal information and support for renters

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1. New Jersey Division on Civil Rights – Official Guidance
2. New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)
3. Federal Fair Housing Act

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