Fair Housing Act Complaint - New Jersey

NEW JERSEY LAW AGAINST DISCRIMINATION — HOUSING COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — N.J. Law Against Discrimination — Housing (N.J.S.A. 10:5-12(g)-(i))
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Failure to Accommodate or Permit Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. New Jersey Practice Notes
15. Sources and References

1. CAPTION

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — [________________________________] COUNTY

DOCKET NO. [________________________________]

CIVIL ACTION

COMPLAINT AND JURY DEMAND

1. Violation of the New Jersey Law Against Discrimination — Housing (N.J.S.A. 10:5-12(g)-(i));
2. Violation of the federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (N.J.S.A. 10:5-12; 42 U.S.C. § 3604(f)(3)).

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY, COUNTY], New Jersey, and a member of one or more classes protected by the LAD and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES)].

2.2. Defendant Owner / Landlord. Defendant [DEFENDANT NAME] ("Defendant" or "[SHORT NAME]") is, and at all relevant times has been, the [owner / landlord / agent / employee / broker / lender / condominium or homeowners' association] with respect to the dwelling located at [PROPERTY ADDRESS] (the "Subject Property"), and is a "person" within the meaning of N.J.S.A. 10:5-5(a) and 42 U.S.C. § 3602(d).

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is, and at all relevant times was, a [leasing agent / manager / employee / superintendent / broker] of Defendant [ENTITY] acting within the course and scope of that agency, and is sued individually, including under N.J.S.A. 10:5-12(e) for aiding and abetting.

2.4. Fictitious Defendants. Defendants John Does 1–10 and ABC Corporations 1–10 are persons or entities whose identities are presently unknown and who participated in the unlawful conduct; Plaintiff will amend to name them when ascertained (R. 4:26-4).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over the LAD housing claim, which an aggrieved person may bring directly in Superior Court pursuant to N.J.S.A. 10:5-13 in lieu of an administrative complaint with the Division on Civil Rights.

3.2. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims pursuant to 42 U.S.C. § 3613(a).

3.3. Venue is proper in [________________________________] County under R. 4:3-2 because the Subject Property is located in this county and the cause of action arose here.

3.4. The Subject Property is a "real property" / "housing accommodation" within the meaning of N.J.S.A. 10:5-5(n) and a "dwelling" under 42 U.S.C. § 3602(b), and does not fall within any LAD exemption.

4. FACTUAL ALLEGATIONS

4.1. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided in / inquired about / sought financing for] the Subject Property.

4.2. At all relevant times, Plaintiff was a member of the following protected class(es) under the LAD: [IDENTIFY — race, color, creed/religion, national origin/nationality/ancestry, sex, pregnancy or breastfeeding, sexual orientation, gender identity or expression, disability, marital/civil union/domestic partnership status, liability for military service, familial status, or source of lawful income used for rental or mortgage payments].

4.3. Defendant engaged in one or more of the following discriminatory housing practices because of Plaintiff's protected class:

☐ Refusal to sell, rent, lease, assign, or sublease, or to negotiate (N.J.S.A. 10:5-12(g)(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (N.J.S.A. 10:5-12(g)(2))
☐ Discriminatory notice, statement, or advertisement (N.J.S.A. 10:5-12(g)(3))
☐ Misrepresentation that housing is unavailable
☐ Discriminatory lending, financing, or appraisal / redlining (N.J.S.A. 10:5-12(h); 10:5-12(i))
☐ Source-of-lawful-income discrimination, including refusal to accept a Section 8 / SRAP / TRA voucher or improper application of minimum-income standards (N.J.S.A. 10:5-12(g); see N.J.S.A. 10:5-5(hh))
☐ Steering
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (N.J.S.A. 10:5-12; 42 U.S.C. § 3604(f)(3)(B))
☐ Refusal to permit a reasonable modification of the dwelling (N.J.S.A. 10:5-12; 42 U.S.C. § 3604(f)(3)(A))
☐ Bias-based harassment or hostile housing environment, including quid pro quo or hostile-environment sexual harassment
☐ Retaliation, coercion, intimidation, or interference (N.J.S.A. 10:5-12(d); 42 U.S.C. § 3617)
☐ Aiding, abetting, or inciting discrimination (N.J.S.A. 10:5-12(e))

4.4. Specifically, Defendant [DESCRIBE THE DISCRIMINATORY ACT IN DETAIL — what happened, who acted, what was said or done, dates].

4.5. [Comparator evidence: similarly situated persons outside Plaintiff's protected class were treated more favorably — DESCRIBE.]

4.6. [Source-of-income allegations, if applicable:] Plaintiff intended to pay rent using [Section 8 Housing Choice Voucher / SRAP / TRA / unemployment / child support / SSI / other lawful source]. Defendant [refused to rent / advertised "no Section 8" / applied a minimum-income standard to the full rent rather than the tenant's portion], in violation of the LAD.

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of N.J.S.A. 10:5-5(q) and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation or modification (e.g., an emotional support animal): [DESCRIBE]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the harm described in Section 8 below.

5. COUNT I — N.J. LAW AGAINST DISCRIMINATION — HOUSING (N.J.S.A. 10:5-12(g)-(i))

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

5.2. The LAD declares the opportunity to obtain housing free of discrimination to be a civil right (N.J.S.A. 10:5-4) and is to be liberally construed to eradicate the cancer of discrimination.

5.3. N.J.S.A. 10:5-12(g) makes it unlawful for any owner, lessee, agent, broker, or other person to refuse to sell, rent, lease, or negotiate, or to discriminate in the terms or conditions of housing, because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, affectional or sexual orientation, gender identity or expression, sex, disability, liability for military service, nationality, or source of lawful income used for rental or mortgage payments.

5.4. Defendant's conduct alleged above constitutes one or more unlawful discriminatory practices under N.J.S.A. 10:5-12(g), and/or unlawful financing/lending discrimination under 10:5-12(h), and/or aiding and abetting under 10:5-12(i) (and individual liability under 10:5-12(e)).

5.5. Defendant's conduct constitutes both disparate treatment and, in the alternative, disparate impact, both actionable under the LAD.

5.6. As a direct and proximate result, Plaintiff is entitled to compensatory and punitive damages, treble damages where authorized, injunctive relief, and reasonable attorney's fees and costs as set forth below.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of a dwelling, and in the terms, conditions, privileges, services, or facilities connected therewith, because of race, color, religion, sex, familial status, national origin, or disability.

6.3. Defendant's conduct constitutes unlawful discrimination under 42 U.S.C. § 3604(a)–(d) and, where disability is alleged, § 3604(f).

6.4. To the extent Defendant coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff in the exercise of fair housing rights, Defendant violated 42 U.S.C. § 3617.

6.5. Disparate-impact liability is cognizable under the federal Fair Housing Act. Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.6. Plaintiff brings this private civil action under 42 U.S.C. § 3613 and is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs.

7. COUNT III — FAILURE TO ACCOMMODATE OR PERMIT MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

7.2. Plaintiff is a person with a disability within the meaning of N.J.S.A. 10:5-5(q) and 42 U.S.C. § 3602(h).

7.3. Defendant refused to make reasonable accommodations in rules, policies, practices, or services necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling (including, where applicable, an emotional support animal notwithstanding a "no pets" policy), and/or refused to permit reasonable modifications of the premises, in violation of the LAD and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.4. The requested accommodation or modification was reasonable and necessary, and Defendant's refusal was not justified by undue burden or fundamental alteration.

7.5. As a direct and proximate result, Plaintiff suffered the damages described below.

8. DAMAGES

8.1. Actual / compensatory damages, including out-of-pocket losses, increased housing costs, moving and relocation expenses, and lost housing opportunity.

8.2. Emotional distress / pain and humiliation damages, recoverable under the LAD without expert proof.

8.3. Punitive damages under the LAD (where the conduct was especially egregious and upper management participated in or was willfully indifferent to it) and under 42 U.S.C. § 3613(c)(1).

8.4. Treble damages to the extent authorized for court actions under N.J.S.A. 10:5-17.

8.5. Civil penalties available in any related Division on Civil Rights administrative proceeding.

8.6. Reasonable attorney's fees and costs under N.J.S.A. 10:5-27.1 and 42 U.S.C. § 3613(c)(2).

8.7. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For damages for emotional distress, humiliation, and mental anguish;
• C. For punitive damages under the LAD and 42 U.S.C. § 3613(c)(1), and treble damages under N.J.S.A. 10:5-17 where authorized;
• D. For a declaration that Defendants' conduct violated the LAD and the federal Fair Housing Act;
• E. For injunctive relief enjoining further discrimination and requiring the requested accommodation or modification, revised advertising/screening practices, policy reform, and training;
• F. For reasonable attorney's fees and costs under N.J.S.A. 10:5-27.1 and 42 U.S.C. § 3613(c)(2);
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to R. 4:35-1 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], certify that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the statements made therein are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. (R. 1:4-4(b).)

Executed on [__/__/____] at [CITY], New Jersey.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], N.J. Attorney ID No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [________________]

Email: [________________]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing COMPLAINT AND JURY DEMAND was served on the following parties by [method — personal service / mail / eCourts electronic service]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

14. NEW JERSEY PRACTICE NOTES

• Breadth of the LAD. The New Jersey Law Against Discrimination is one of the broadest civil rights statutes in the country and is to be liberally construed. In housing it protects, among others: race, color, creed/religion, national origin/nationality/ancestry, sex, pregnancy or breastfeeding, affectional or sexual orientation, gender identity or expression, disability, marital/civil union/domestic partnership status, liability for military service, familial status, and — uniquely broad — source of lawful income used for rental or mortgage payments.
• Source of lawful income. The LAD prohibits refusing to rent because a tenant will pay with a Section 8 voucher, SRAP, TRA, unemployment benefits, child support, alimony, SSI, or other lawful income, and bars "No Section 8" advertising. Recent change: A January 12, 2026 amendment (P.L. 2025/2026) provided a comprehensive statutory definition of "source of lawful income" (N.J.S.A. 10:5-5(hh)) and prohibited applying minimum-income standards to anything other than the tenant's own portion of the rent. Confirm the codified subsection and effective date.
• Enforcing agency. The New Jersey Division on Civil Rights (DCR) in the Department of Law and Public Safety enforces the LAD; complaints may be filed online through the NJ Bias Investigation Access System (NJBIAS).
• Election of remedies — admin charge vs. court suit. Under N.J.S.A. 10:5-13 the aggrieved person may file either an administrative complaint with DCR or a direct civil action in Superior Court — but generally not pursue both to conclusion. A DCR administrative complaint must be filed within 180 days of the discriminatory act. A direct Superior Court action carries a two (2)-year statute of limitations (Montells v. Haynes, 133 N.J. 282 (1993)). A DCR complaint may be withdrawn and refiled in court if DCR has not yet made a finding and the 2-year period has not run.
• Federal limitations. Federal FHA: HUD administrative complaint within one (1) year; private federal court action within two (2) years (42 U.S.C. §§ 3610(a), 3613(a)).
• Remedies. The LAD authorizes compensatory damages (including emotional distress without expert proof), punitive damages against egregious conduct with upper-management involvement, treble damages in court actions under N.J.S.A. 10:5-17, mandatory attorney's fees to a prevailing plaintiff under N.J.S.A. 10:5-27.1, and broad equitable relief. DCR may impose civil penalties.
• Individual and aider/abettor liability. Agents, employees, and supervisors may be individually liable for aiding and abetting under N.J.S.A. 10:5-12(e).
• Removal exposure. Adding the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider whether to plead state-only to keep the matter in Superior Court and preserve LAD's treble damages and fee-shifting.

15. SOURCES AND REFERENCES

• N.J.S.A. 10:5-12 (unlawful practices, incl. housing subsections (g)-(i)) — https://law.justia.com/codes/new-jersey/title-10/section-10-5-12/
• N.J.S.A. 10:5-1 et seq. (LAD; full text) — https://www.njoag.gov/wp-content/uploads/2021/12/NJ-Law-Against-Discrimination_11.12.21.pdf
• NJ DCR — Discrimination in Housing (protected classes; source of income; 180 days) — https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/njlad/discrimination-in-housing/
• New Jersey Division on Civil Rights (file a complaint — NJBIAS) — https://bias.njcivilrights.gov/
• Montells v. Haynes, 133 N.J. 282 (1993) (2-year LAD limitations)
• 42 U.S.C. § 3604 (federal FHA) — https://www.justice.gov/crt/fair-housing-act-1
• 42 U.S.C. § 3613 (private civil action; 2-year SOL)
• 42 U.S.C. § 3617 (interference, coercion, intimidation)
• Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)
• 24 C.F.R. Part 100 (HUD Fair Housing regulations)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Jersey must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.