To file a complaint against a landlord in New Jersey, you choose the agency by the problem: local code enforcement or the board of health for unsafe conditions in a one- or two-family rental, the state Bureau of Housing Inspection for buildings with three or more units, the Division on Civil Rights for discrimination, HUD for federally subsidized housing issues, the EPA for lead paint disclosure violations, and the Special Civil Part of Superior Court for money disputes up to $20,000. Sending the complaint to the wrong office delays the fix, so match the forum to the problem before you file.
Unsafe Conditions in a One- or Two-Family Rental
If you rent a single-family home or a unit in a two-family building, habitability complaints go to your municipality. Call your local code enforcement office or board of health, give them the address, and ask for an inspection. Most towns accept the request by phone, in person, or through a form at the municipal building. Typical issues include failing heat, no running water, pest infestations, and structural hazards.
An inspector visits the property and writes a violation report that goes to you and to your landlord. That report is an official record and can trigger fines if the landlord ignores the required repairs. Ask for a copy when the inspection ends. If the office doesn’t hand it over, request it through the Open Public Records Act.
Document the problem before you call. Dated photos of each defect and a written log of every request you made to the landlord, along with how they responded, give the inspector a clearer picture and protect you if the dispute later goes to court.
Unsafe Conditions in Buildings With Three or More Units
Buildings with three or more residential units fall under state jurisdiction rather than local code enforcement. The New Jersey Department of Community Affairs runs the Bureau of Housing Inspection, which enforces the Hotel and Multiple Dwelling Law.1New Jersey Department of Community Affairs. Bureau of Housing Inspection Apartment complexes, converted buildings with multiple units, and any multi-family dwelling at that threshold go here.
Before filing, confirm the building is registered as a multiple dwelling using the state’s online database. You will need its registration number and specific details of the maintenance failure. Submit through the Bureau’s Request for Inspection form on its website, or email BHIInspections@dca.nj.gov. A state inspector conducts a physical evaluation covering everything from fire safety deficiencies to lead paint hazards. If violations are found, the state issues an order to correct them and can impose administrative penalties against the owner.1New Jersey Department of Community Affairs. Bureau of Housing Inspection
Discrimination by a Landlord
When the problem is discriminatory treatment rather than a maintenance failure, New Jersey offers broader protections than federal law. The Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) prohibits landlords from treating tenants differently based on race, religion, national origin, sex, sexual orientation, gender identity, disability, familial status, marital status, and source of income, among other protected characteristics.2Justia. New Jersey Revised Statutes Section 10-5-12 – Unlawful Discrimination Refusing to rent to you because you use a Housing Choice Voucher (Section 8) violates state law.
The federal Fair Housing Act covers seven categories: race, color, national origin, religion, sex, familial status, and disability.3U.S. Department of Housing and Urban Development. Fair Housing Act New Jersey adds source of income, sexual orientation, gender identity, marital status, and others. You have a choice of forums: file with the state Division on Civil Rights within 180 days of the discriminatory act, or file a lawsuit in New Jersey Superior Court within two years.
File with the Division through the NJ Bias Investigation Access System, an online portal. The Division then conducts an intake interview to review the facts. If the case proceeds, the agency investigates and can issue orders requiring the landlord to stop the conduct and pay compensatory damages. The Law Against Discrimination does not cap those damages.4Justia. New Jersey Revised Statutes Section 10-5-1 – Short Title Save discriminatory emails or text messages, note dates and witnesses, and document how you were treated differently from other tenants before you file.
Subsidized Housing Problems and Lead Paint
Two situations push complaints to federal agencies: problems in federally subsidized housing and lead paint disclosure failures.
Housing Choice Vouchers and HUD
If you receive a Housing Choice Voucher or live in other federally subsidized housing, report maintenance problems to your landlord in writing first and keep the requests. If the landlord doesn’t respond, contact your local Public Housing Agency. When the PHA cannot resolve it either, call the HUD PIH Customer Service Center at (800) 955-2232.5U.S. Department of Housing and Urban Development. Housing Choice Voucher Tenants If that still fails, write your local HUD field office with your voucher type, name, address, a detailed description of the problem, and the history of your prior complaints.
Lead Paint Disclosure
If your rental was built before 1978, federal law requires your landlord to give you an EPA-approved pamphlet about lead paint hazards, disclose any known lead paint in the unit, and provide a signed lead warning statement before you sign the lease.6U.S. Environmental Protection Agency. Real Estate Disclosures About Potential Lead Hazards The landlord must keep signed copies for at least three years. Report violations to the EPA through its regional complaint form or by calling the National Lead Information Center at 1-800-424-LEAD.7U.S. Environmental Protection Agency. Report Lead-Based Paint Complaints, Tips and Violations
Security Deposit Not Returned
Security deposit disputes are among the most common landlord-tenant complaints, and the rules favor tenants who document properly. A landlord cannot collect more than one and a half months’ rent as a security deposit, must hold it in a separate interest-bearing trust account at a New Jersey bank or an insured money market fund, and must tell you in writing where the money is held.8New Jersey Department of Community Affairs. Security Deposit Law N.J.S.A. 46:8-19 Through 26
When your lease ends, the landlord has 30 days to return the deposit plus any accumulated interest, minus legitimate deductions for unpaid rent or damage beyond normal wear and tear. Miss the deadline or withhold money without justification, and a court will award you double the amount wrongfully withheld, plus the full cost of bringing the lawsuit, with possible attorney’s fees added on top.8New Jersey Department of Community Affairs. Security Deposit Law N.J.S.A. 46:8-19 Through 26
Give the landlord your forwarding address in writing when you move out. Photograph and video the unit’s condition on move-out day with timestamps. If 30 days pass without the deposit, send a demand letter by certified mail referencing N.J.S.A. 46:8-21.1 and the double-damages penalty. That letter alone often resolves the dispute. If it doesn’t, file in Small Claims.
Money Disputes: Small Claims and Special Civil Part
When no agency can give you the remedy you need, the Special Civil Part of the Superior Court handles financial disputes up to $20,000 in the county where the property is located. Claims of $5,000 or less go to the Small Claims Section, designed for people without lawyers. Claims between $5,000.01 and $20,000 go to the regular Special Civil Part docket.9New Jersey Courts. Notice and Order – Increase in Special Civil Part Jurisdictional Limits Security deposit cases can go in either section as long as the amount fits.
Filing fees:
- $50 for claims of $5,000 or less (Small Claims)
- $75 for claims over $5,000
- $5 for each additional defendant
- $10 per defendant for service by certified and regular mail
Checks are payable to “Treasurer, State of NJ.”10New Jersey Courts. Lawsuits $20000 or Less (Special Civil)
Complete a Summons and Complaint form with the landlord’s full legal name and an address where they can be served. Bring your lease, written communications with the landlord, photos of the unit, and financial records showing the amount owed. A court officer or mail service delivers the documents, and the court schedules a hearing where both sides present evidence to a judge or mediator. A winning judgment is enforceable if the landlord refuses to pay.
When Repairs Aren’t Made: Self-Help Remedies
Filing a complaint with an inspector is one step. Paying full rent while your unit has no heat or a broken toilet is another question. New Jersey law gives tenants several self-help options when a landlord refuses to fix conditions that make a unit unlivable, but all require the same prerequisites: the defect must involve a vital facility (heat, water, plumbing, electricity, windows), you must not have caused the damage, and you must have notified your landlord in writing and given a reasonable chance to repair.11New Jersey Department of Community Affairs. Habitability Bulletin
Once those conditions are met, three options are available. You can repair and deduct, meaning you fix the problem yourself and subtract the cost from your next rent payment; this works best for straightforward repairs with clear costs. You can withhold rent, stopping all or part of the payment until the landlord makes repairs, with the uninhabitable conditions serving as a defense if the landlord tries to evict you for nonpayment; save every withheld dollar in a separate account, because a court may require you to pay it. Finally, under N.J.S.A. 2A:42-85, a court can appoint a rent receiver to collect rent from all tenants in a substandard building and use that money to fund repairs directly.
Each remedy carries real risk if you skip a step. Withholding rent without first notifying your landlord in writing can leave you with no defense against an eviction action. Send the notice by certified mail, return receipt requested, and keep the receipt.
Retaliation Protection After You File
The biggest fear tenants have about filing any complaint is payback. New Jersey’s Reprisal Law (N.J.S.A. 2A:42-10.10) makes it illegal for a landlord to evict you, refuse to renew your lease, raise your rent, or cut services as retaliation for exercising your legal rights, filing a good-faith complaint with a government agency, or participating in a tenants’ organization.12New Jersey Department of Community Affairs. Reprisal Law N.J.S.A. 2A:42-10.10 Through 10.14
The law creates a rebuttable presumption of retaliation. If your landlord serves a notice to quit or substantially changes your lease terms after you file a complaint or assert a legal right, the burden shifts to the landlord to prove the action was not retaliatory.12New Jersey Department of Community Affairs. Reprisal Law N.J.S.A. 2A:42-10.10 Through 10.14 A landlord who raises your rent the month after you called the health department has a lot of explaining to do.
One requirement to know: before reporting a health or safety violation to a government agency, you must first bring the complaint to your landlord and give a reasonable time to fix it. Skip that step and the retaliation protection tied to government complaints may not apply. The broader protections for enforcing lease rights or joining a tenants’ organization do not require prior notice to the landlord.