The topic of housing discrimination is complex, involving several state laws. Under such laws, it is illegal for a landlord or real estate agency to discriminate against you because of your race, religion, color, national origin, ancestry, marital status, sex, sexual orientation, gender identity, disability (mental or physical), or familial status (for example, whether you have minor children). This applies in advertising a property for rent and throughout the rental agreement. This article explains a few of the issues that you may not be aware of, and what you can do.

Discrimination Based on Source of Income

New Jersey law makes it illegal for a landlord to refuse to rent to a person because of their “source of lawful income,” which includes child support, alimony, Supplemental Security Income (SSI), unemployment benefits, and vouchers and subsidies provided by federal, state, or local rental assistance programs. For example, a landlord cannot refuse to rent to you because Social Services will be paying your rent through Temporary Rental Assistance. If you fall behind on rent, a landlord cannot refuse payment from a rental assistance program. In addition, a landlord should consider your rental assistance payment when determining whether you meet a minimum income requirement.

Discrimination Based on Familial Status

State and federal laws make it illegal for a landlord or real estate agency to refuse to rent to families with children. Exceptions can include age restricted communities typically for senior citizens or retirees. Also, state or municipal occupancy requirements may restrict how many people can live in a unit. Under state law, it is illegal for a landlord to refuse to rent to a couple because they are not married.

Reasonable Accommodations and Modifications for Household Members with a Disability

Reasonable accommodations are changes, exceptions, or adjustments to a program, service, or procedure that allow a person to have equal enjoyment of the housing program. There must be an identifiable relationship between the requested accommodation and the person’s disability.
Examples of reasonable accommodation requests include:

• Your housing development has a bulletin board where management frequently posts information about building news and events, including social gatherings or meetings. Because of your disability, you cannot read the information in the format it is being posted in. You may request that your housing provider give you the information in a different format that meets your disability-related need.
• There is no assigned parking at your building and the spaces that are closest to your unit are often taken. Your disability limits how far you can walk. You may request to have an assigned space close to your unit even though there are otherwise no assigned parking spaces.
• You need an assistance animal, but your housing provider has a “no pets” policy. You may ask for an exception to that policy as a reasonable accommodation.

Note: Senior citizens (age 62+ or the senior’s surviving spouse who is 55+) residing in a senior citizen housing project (not a health care facility) can have a dog, cat, bird, fish, or other animal that does not constitute a health or safety hazard. They only need to provide written notice to the landlord. A reasonable accommodation request should not be needed under these circumstances.

A reasonable modification is a physical change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. Examples include installing a ramp into a building, lowering the entry threshold of a unit, or “grab bars” in a bathroom. The tenant may have to pay for these changes and for the cost of removing them when they move out. (Note: If you live in a subsidized building, the landlord may have to pay for the changes.) If the cost of removal will be expensive, the landlord can ask you to deposit money into a special account each month to cover the cost of removal. However, the payments into the account must be low enough that you can afford them and must stop after the amount needed to make the changes has been reached. The landlord must give you the interest earned on this special account.

The request for a reasonable accommodation or reasonable modification should include:

• A clear statement that you are disabled and protected by state and federal fair housing laws;
• That you are asking for a “reasonable modification” or “reasonable accommodation”;
• A detailed description of what you are asking for;
• If a reasonable modification, describe the desired structural change.
• If a reasonable accommodation, identify the program, service, or procedure at issue and describe the requested change, exception, or adjustment.
• An explanation about the connection between the disability and the requested accommodation or modification, and how it would allow you to live and fully enjoy the premises. You do not need to disclose unnecessary medical details.

Tip: Ask for a written response within a certain reasonable amount of time, maybe two weeks, depending on the situation, and state that you will treat no response as a denial.
The accommodation or modification must be reasonable. This means that the landlord could deny the request for the following reasons:

• The request presents an undue administrative and financial burden (considering all resources available to the housing provider);
• The request is a fundamental alteration to the housing provider’s operations or program;
• There is not a connection between the requested accommodation or modification and the individual’s disability-related need; or
• The individual is not a person with a disability.

Following your request for an accommodation or modification, you may be asked for additional information. If your disability is obvious, your housing provider can only ask you for additional information about your request if it is not clear how your request relates to your disability. Such verification can be provided by a reliable third party, such as your doctor or therapist. If the landlord believes they cannot comply with the request because it would be an undue administrative and financial burden or a fundamental alteration to their program, they are required to talk to you about other options. You do not have to accept those options, and you could pursue a complaint as described later in this article. State law also permits a tenant with a disability to terminate a lease under certain circumstances because the apartment or home is not “handicapped accessible.” For more information about how to terminate a lease, see Ending Your Lease.

Sexual Harassment as Discrimination

Sexual harassment is a form of gender-based discrimination. You have the right to be free from sexual harassment no matter where you live or how you pay your rent. Two forms of sexual harassment include “quid pro quo” (a benefit is exchanged for a sexual favor) or a hostile environment (the tenant is exposed to severe sexual harassment that creates a hostile housing environment). Landlords must act to stop the harassment if they know or should have known about it. This includes conduct by landlords’ employees, including superintendents and maintenance workers. Harassment can be verbal, physical, or visual conduct. At the time of this writing, the United States Department of Justice, Civil Rights Division, has a Sexual Harassment in Housing Initiative, with more information, including how to file a report.

Is all discrimination illegal?

There may be instances when a landlord’s refusal to rent does not fall under illegal discrimination. Currently, there is no specific law barring most landlords from rejecting a tenant due to the tenant having bad credit, a low credit score, a bad rating on a tenant screening report, or an eviction on their record. However, if you are applying for an affordable housing unit, there are tenant selection policies and regulations addressing the treatment of credit history and background checks. If you have a criminal history, the Fair Chance Housing Act (FCHA) protects you from landlords who might discriminate against you because of your past criminal records. For more information see Finding a place to rent with a criminal record. Even when a policy or practice seems impartial, there could be illegal discrimination if its effect has a disproportionate negative impact on a protected group. Therefore, it is best to seek legal assistance if you have questions.

How to File a Housing Discrimination Complaint in New Jersey

You can file a discrimination complaint with the New Jersey Division on Civil Rights by creating an account and using the NJ Bias Investigation Access System (NJBIAS), bias.njcivilrights.gov/en-US, or by calling 1-833-NJDCR4U (833-653-2748) and asking a DCR receptionist to assist you in filling out the form on NJBIAS. To request a disability-related accommodation, please call 1-833-NJDCR4U (833-653-2748), call the Relay Service at 711, or email [email protected]. You must file your complaint within 180 days of the alleged violation. You can file a complaint in court within two years of the alleged violation. You can file on your own, but it is recommended that you have an attorney to represent you. See File a Complaint (from the New Jersey Department of Law and Safety) for more information about filing a complaint with the Division on Civil Rights versus filing a complaint in court.

This information last reviewed: Feb 28, 2025