Key Takeaways

  • New Jersey Law Against Discrimination (LAD) provides broader protections than federal fair housing law
  • Protected classes include race, color, religion, sex, national origin, disability, familial status, plus additional NJ classes
  • Additional NJ protections include marital status, domestic partnership, sexual orientation, gender identity, and source of income
  • The Division on Civil Rights (DCR) enforces state fair housing laws
  • Complaints must be filed within 180 days; penalties can include compensatory and punitive damages
Last updated: January 2026

New Jersey Fair Housing Laws

Important: This content covers New Jersey-specific fair housing provisions. You should complete the National Real Estate Exam Prep first, as federal fair housing law is heavily tested on the national portion.

New Jersey has expansive fair housing protections that go beyond federal law.

New Jersey Law Against Discrimination (LAD)

The Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) prohibits housing discrimination based on:

Federal Protected Classes (Also Protected in NJ)

Protected ClassFederal & NJ
RaceYes
ColorYes
ReligionYes
SexYes
National OriginYes
Disability (Handicap)Yes
Familial StatusYes

Additional New Jersey Protected Classes

Additional NJ ClassesDescription
Marital StatusSingle, married, divorced
Domestic PartnershipRegistered partners
Sexual OrientationAll orientations
Gender Identity/ExpressionTransgender protections
Source of IncomeHousing vouchers, assistance
AncestryFamily heritage
NationalityCountry of origin/citizenship
Affectional PreferenceSexual/romantic preferences

Key Point: New Jersey's protections are MORE EXTENSIVE than federal law. Source of income protection means landlords generally cannot refuse housing vouchers.

Enforcement

Division on Civil Rights (DCR)

The DCR is the primary enforcement agency:

FunctionDescription
InvestigationsReviews discrimination complaints
MediationAttempts resolution
HearingsAdministrative proceedings
EnforcementIssues orders and penalties

Filing a Complaint

Complaint Process

RequirementDetail
Time limit180 days from discriminatory act
Where to fileDivision on Civil Rights
InvestigationDCR investigates within 45 days
ResolutionMediation, hearing, or court

Penalties for Violations

TypePenalty
Compensatory damagesActual financial losses
Emotional distressPain and suffering
Punitive damagesTo punish intentional acts
Attorney's feesReasonable legal costs
Injunctive reliefOrders to stop discrimination
Civil penaltiesFines for violations

Prohibited Acts

Under New Jersey law, it is illegal to:

  1. Refuse to sell, rent, or negotiate based on protected class
  2. Discriminate in terms or conditions
  3. Make discriminatory statements in advertising
  4. Represent unavailability when housing is available
  5. Blockbusting - inducing sales by suggesting neighborhood change
  6. Steering - directing buyers to/from certain areas
  7. Discriminatory lending - unequal loan terms
  8. Refuse source of income - such as housing vouchers

Exemptions

Limited exemptions may exist for:

ExemptionConditions
Owner-occupied small unitsVery limited (2 units, owner lives there)
Religious organizationsFor members (cannot discriminate on race)
Private clubsNon-commercial
Senior housingMeets 55+ or 62+ requirements

Important: Exemptions are narrower in NJ than federal law. Real estate licensees cannot participate in any discrimination.

Advertising Requirements

All real estate advertising must:

  • Use Equal Housing Opportunity logo/statement
  • Avoid discriminatory language
  • Not express preferences
  • Comply with HUD and NJ guidelines
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New Jersey Fair Housing Protected Classes
Test Your Knowledge

Which agency enforces fair housing laws in New Jersey?

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D
Test Your Knowledge

Which is a protected class under New Jersey law but NOT federal fair housing law?

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B
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D
Test Your Knowledge

How long does a person have to file a fair housing complaint in New Jersey?

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B
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D