New Jersey has many rules and statutes regulating its housing market. These must be fully considered when preparing an application for rental properties in the state.
Application Fee
There is no limit in terms of what application fee can be charged by New Jersey landlords. Furthermore, the application fee is non-refundable regardless of its amount.
Security Deposit
Landlords cannot charge one and a half months’ rent if they are leasing an unfurnished apartment under NJ law (Rent Security Deposit Act, N.J.S.A. 46:8-19). Once the security deposit has been paid, the landlord must deposit it into a bank to generate interest.
Housing Discrimination Law
In New Jersey, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Color
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on a New Jersey Rental Application form nor to include them in the decision-making process.
Notice of Eligibility
Potential tenants must be informed about the screening criteria and reasons for denial or approval. To prove that these facts were shared, a signature of acknowledgment must be provided within the application or alongside it.
Consent Credit Check
Within New Jersey, federal law is in effect that requires potential renters to provide written consent for a credit history check during the application process. This is known as the Federal Credit Reporting Act (FCRA).