Tenant Screening Laws in New Jersey

New Jersey laws are mostly silent about the tenant screening process. For instance, there’s no legal cap on application fees landlords can charge. There are still federal laws that govern tenant screening in the state, however.

New Jersey law does require landlords to disclose one specific piece of information during the application process. If a property is located in a flood zone, a landlord must notify any prospective tenants before they agree to rent. This applies to both residential and commercial spaces, with the exception of:¹

• Dwellings with two or fewer units
• Owner-occupied dwellings with three or fewer units
• Hotels, motels, or other places serving “transient or seasonal” guests

In addition, all tenants in the U.S. are protected by the federal Fair Housing Act, which makes it illegal for landlords or brokers to treat people differently based on race, national origin, religion, gender, disability, or family status. But New Jersey has its own fair housing laws, which also prevent landlords from rejecting applicants because of their sexual orientation, source of income, military status, and more.

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[1] New Jersey Code §46:8-50