Fair Housing Laws in New Jersey

All U.S. states, including New Jersey, are governed by the federal Fair Housing Act. Although states cannot take away any protections granted by federal law, they are allowed to add more. The New Jersey Law Against Discrimination (LAD) offers broader protections than federal law, shielding people from discrimination based on their source of income, gender identity, and more.

New Jersey law protects more renters from discrimination

In addition to race, color, disability, familial status, national origin, religion, and sex—the seven protected categories from the federal Fair Housing Act—the New Jersey LAD also protects people from being discriminated against on the basis of:¹

• Ancestry
• Domestic partnership or civil union status
• Gender identity or expression
• Marital status
• Military service
• Source of lawful income or rent payment (including Section 8)
• Sexual orientation

"Lawful income" can include things like child support, alimony, gifts from family members, and supplemental security income. It's illegal for a landlord to argue that an applicant “can’t afford” a rental because they receive money from entitlement programs.

“Marital status” applies to unmarried couples, too

Although many states include “marital status” as a protected class, only a handful take that to mean both married and unmarried couples. Most states only protect married couples from discrimination, meaning that an apartment marked as “singles only” would be illegal.

New Jersey is one of the rare states that protects unmarried tenants. In a 1973 case, a landlord refused to rent a two-bedroom apartment in Clifton, New Jersey to two unmarried women in their 20s because they were "single girls." One of the women sued, charging that she had been denied housing because of her sex and marital status. The judge ruled that the landlord was, indeed, in violation of New Jersey law.²

Related articles

[1] N.J. Stat. § 10:5-12(h)

[2] Zahorian v. Russell Fitt Real Estate Agency (1973)