“Know Your Rights” Part 2: Housing – Program Recap

Published February 10, 2026

New Jersey’s Law Against Discrimination protects NJ citizens in a variety of settings, including employment, housing and public accommodation.

New Jersey is a leading state when it comes to protecting against discrimination, going further than the American Disabilities Act.

Thank you to Stephanie Menezile and Taylor Thomas from the NJ Division on Civil Rights for an overview of New Jersey’s Law Against Discrimination, particularly the rights we have related to housing.

These efforts are designed to protect individuals not only from harassment and unfair treatment, but also from retaliation for filing complaints or attempting to receive lawful accommodations. The law is expansive, so let’s take a closer look specifically at housing.

Protected Categories

The NJ Law Against Discrimination defines a variety of protected categories that help build a framework for determining cases of discrimination:

A person can meet or be perceived to meet any of these categories to be considered a victim of discrimination.

Disability

The NJ Law Against Discrimination (LAD) broadly defines what constitutes a “disability”. Someone suffering from any of the following conditions, is considered disabled according to the NJ LAD:

A person can qualify as disabled if they experience any of the above conditions whether permanently, temporarily, or in a minor capacity. The law does not require a condition to significantly limit one or more major life activities. It is against the law to discriminate or harass someone based on their actual or perceived disability.

LAD and Housing

THe NJ LAD makes it illegal to discriminate against individuals who are renting or buying a home. At its core, the NJ LAD prohibits landlords and real estate agents from engaging in any of the following activities based on your real or perceived protected status:

The following individuals and organizations, whether residential, commercial or in sales and rentals, are covered under the NJ LAD:

However, there is an exception in the NJ LAD that exempts owners or occupants who either rent out a unit in their two-family house (while living in the other unit) or rent out a room in their apartment or house.

Housing providers must also reasonably accommodate your request (based on your protected category unless doing so is an undue burden on their operations.

Disability Protections in Housing

Individuals who suffer from a disability (which is broadly defined in the LAD) are offered a variety of protections related to housing under the NJ LAD. The law does not require that the disability substantially limit a major life activity and can be either temporary or permanent.

Among those protections are the right to reasonable accommodations, which can include changing the rent date to accommodate disability checks, allowing changes to the unit (eg. wheelchair ramp, shower bars, or stair lifts) at the cost to the tenant, or emotional support/service animals. After a reasonable accommodation request is made, it is up to the housing provider to accommodate the request unless they can provide proof that the request presents an undue burden on their operations.

Housing providers CANNOT:

• Charge extra rent or a fee for reasonable accommodations
• Ask for information about your disability as a condition of your lease
• Deny housing or evict someone because of their disability

Emotional Support vs. Service Animals

The NJ LAD makes a significant distinction between emotional support animals and service animals. While both may serve an individual with a specific disability, there are different parameters that govern their classification and how that reasonable accommodation can be approached by housing providers. There are no specific words a tenant or applicant needs to use to make an accommodation request. It can be written, oral, or made by others on behalf of the individual and can be made either before or after bringing the animal into the housing. After the request, a housing provider may not reflexively apply a “No Pets Policy” or other restrictions (size or breed limitations).

Additionally, housing providers cannot require:

Emotional Support Animals

Emotional support animals are not automatically exempt from a “No Pet Policy” and your request for a reasonable accommodation may be denied; however, it should not be denied based solely on the size or breed of the animal. Housing providers mak ask for information or documentation if the disability is not known or obvious. The documentation needs to state that the individual has a disability under the NJ LAD and the assistance animal would alleviate a symptom of the disability. The health professional providing the documentation does not need to be a physician; documentation can come from a nurse practitioner, physical therapist, psychologist, social worker, or other appropriate health provider. Determination letters from a government agency may also be appropriate. However, Internet notes or certificates not provided by a legitimate treating provider are not acceptable.

Service Animal

A service animal is different from an emotional support animal in that a service animal is a designated medical tool that is trained to perform work or specific tasks associated with its owner’s disability, such as a dog who guides an individual who is blind or assists an individual with epilepsy when they are having a seizure. Tasks can be anything the animal has been trained to do support a person with a disability that alleviates one or more symptoms of a disability. Obedience training does not count and general pet training programs by themselves may not be sufficient to meet the requirements for a service animal.

If the animal is performing tasks in the home, it can be self-taught; in public places, the animal must be trained by an agency to meet the service animal qualification. However, if the animal meets any of these exclusions, the request for reasonable accommodation can be denied:

Service animals are not considered pets and are therefore exempt from all no-pet policies. Additionally, service animals cannot be required to wear vests or specific harnesses, and you do not have to disclose how the animal will fulfill its task(s). Housing providers should not ask for proof the animal has been trained as a service animal or ask for documentation of the person’s disability. However, if the disability is not readily apparent, housing providers can ask if the animal is required because of disability and what work or task the animal has been trained to perform. If the answer to the first question is “Yes” and explanation of the work or task is provided, the animal is considered a service animal and the animal must be accommodated.

Source of Lawful Income

A further protection under the NJ LAD as it relates to housing are protections against discrimination based on your source of lawful income. Housing providers cannot deny you the ability to rent or purchase housing if your income comes from other sources than gainful employment, including:

Additionally, it is unlawful for housing providers to:

Fair Chance in Housing Act

The Fair Chance in Housing Act prohibits housing providers from publishing any advertisement that prohibits applicants with a criminal history from applying for a unit. It also prohibits providers from:

Additionally, a housing provider can never ask or rely upon the following when considering an applicant:

During the application process, it is unlawful for a housing provider to ask an applicant if they have a criminal history before making a conditional offer, including on their initial application materials, in an interview, or in any other way. However, a housing provide can ask the following 2 questions before making a conditional offer:

1. Conviction of a drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing
2. Subject to lifetime registration requirement on a state sex offender registry

After a conditional offer is made, the following convictions can be considered:

However, there are time limits for how long different degrees of the criminal offenses can be used to deny housing after the conditional offer:

• 1st degree indictable offense, or release from prison for that offense, within the past 6 years
• 2nd or 3rd degree indictable offense, or release from prison for that offense, within the past 4 years
• 4th degree indictable offense, or release from prisoner for that offense, within the past 1 year

Housing providers may withdraw the conditional offer only if necessary to fulfill a substantial, legitimate, and non-discriminatory interest. Housing providers must undertake an individualized assessment based on the following factors:

Filing a Complaint

If you or someone you know is the victim of actual or suspected harassment, you can file a complaint through NJBIAS, the NJ Division on Civil Rights online reporting tool. You can also inquire as to your rights by contacting the NJ Division on Civil Rights at 609-984-5828 or filling out their online contact form at https://www.njoag.gov/contact/office-of-constituent-services/.

More Information

Please review the following fact sheets for more information:

• New Jersey Law on Discrimination (PDF)
• Understanding Your Housing Protections (PDF)
• How to File a Complaint (PDF)

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