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Fair Housing Guide — New Jersey

Federal Fair Housing Act + New Jersey protected classes and application rules

Federal Protected Classes (Fair Housing Act, 42 U.S.C. § 3604)

These protections apply in every state. You may never discriminate based on:

Race
42 U.S.C. § 3604 — no discrimination based on race or color of skin.
Color
Closely related to race; covers skin color distinctions within racial groups.
National Origin
Country of birth, ancestry, culture, or linguistic characteristics.
Religion
Cannot refuse housing or impose different terms based on religious beliefs or practices.
Sex
Includes sexual harassment; federal courts have extended to sexual orientation/gender identity.
Disability
Physical or mental impairment that substantially limits a major life activity. Landlord must provide reasonable accommodations and allow modifications.
Familial Status
Households with children under 18, pregnant women, or those with custody of children. Exception: qualified senior housing (55+ communities).

New Jersey Additional Protected Classes

New Jersey law adds the following protections beyond the federal baseline:

  • Sexual orientation
  • Gender identity and expression
  • Source of income (including housing vouchers)
  • Domestic partnership or civil union status
  • Ancestry
  • Atypical hereditary cellular or blood trait
  • Liability for service in the Armed Forces

Source of Income / Housing Vouchers (Section 8)

⚠ Protected in New Jersey

New Jersey prohibits refusing to rent to tenants who use housing vouchers (Section 8, VASH, etc.) as their source of income. You cannot advertise "no Section 8" or refuse to accept Housing Choice Vouchers.

Criminal History Screening

Ban-the-Box Restrictions Apply

You cannot ask about criminal history on the initial rental application. Criminal history inquiries are restricted to after a conditional offer has been made. Even then, an individualized assessment is typically required.

What You Can and Cannot Ask

✗ Cannot Ask or Advertise

  • Race or racial background
  • Religion or religious practices
  • National origin or ethnicity
  • Sex or gender (federal)
  • Disability or handicap status
  • Familial status (having children under 18, pregnancy)
  • Source of income or housing voucher status
  • Sexual orientation or gender identity
  • Domestic partnership status
  • Criminal history on initial application (Opportunity to Compete Act)
These questions — in person, on applications, or in listings — may constitute fair housing violations.

✓ Can Ask (Applied Consistently)

  • Proof of income (pay stubs, bank statements, employer letters)
  • Employment status and employer contact
  • Rental history and references from prior landlords
  • Consent to run a credit check
  • Personal references
  • Number of occupants (to apply occupancy standards consistently)
  • Criminal history after conditional offer (statewide)
  • Income-to-rent ratio
Apply all screening criteria uniformly to every applicant. Document your process.

Advertising Rules

Rental listings must not indicate any preference or limitation based on protected classes. Avoid language such as:

  • "Perfect for young professionals" (implies familial status preference)
  • "No children" or "adults only" (familial status — illegal unless 55+ senior housing)
  • "Christian household" or "religious community" (religion)
  • "No Section 8" (illegal in New Jersey — source of income is protected)
  • "Native English speakers preferred" (national origin)
  • Any description that signals race, color, or national origin preference

Safe language: focus on objective property features, income requirements, and pet/smoking policies.

City-Level Rules & Notable Notes

New Jersey LAD (Law Against Discrimination) is among the broadest in the country. NJ Opportunity to Compete Act: ban-the-box applies statewide to employers; similar principles apply in housing. Jersey City, Newark, Hoboken have additional local fair housing protections. Source of income protection is statewide — 'no Section 8' ads are illegal.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.