New Jersey Rental Application

What information should landlords collect?

Naturally, landlords don’t want to rent an apartment, house, or home to someone they know nothing about. Both paper and online rental applications collect key information about a tenant, including:

• Personal information: Names of all applicants (including co-applicants and co-signers), dates of birth, Social Security numbers, contact information, and an emergency contact
• Financial details: Employment status, income, and rental history to assess whether the applicant can reliably pay rent
• References: Personal and professional references to learn more about the applicant’s character and verify key details
• Rental history: Current and previous residences to identify past tenant behavior and any potential issues
• Pets: Information about pets, emotional support animals (ESAs), or service animals, if applicable
• Smoking status: Whether the applicant smokes, especially if the property has a no-smoking policy
• Vehicle information: Make, model, year, and license plate number to help manage parking and property use

In short, New Jersey applications collect a range of sensitive personal information from tenants, especially during the tenant screening process. Federal and state laws govern what landlords can request and how they can use that information to approve or deny tenants.

TurboTenant gives landlords access to free, state-specific rental applications that comply with New Jersey laws and cover the necessary details for tenant selection. However, if you want to proceed with a manual application, keep reading to learn about pre-screeners, federal screening laws, and more.

Pre-Screener

Before starting the application process, landlords can ask interested tenants to complete a pre-screener. Pre-screeners are a set of questions designed to filter out renters who may not be a good fit for the unit.

A standard, residential pre-screener will usually ask about the tenant’s:

• Contact information,
• Employment and income status,
• Self-reported credit score,
• Desired move-in date,
• Roommates or other co-occupants,
• Pets, and
• Smoking status.

While pre-screeners are a helpful tool that can save time and prevent issues down the line, they shouldn’t replace a comprehensive New Jersey rental application form.

Federal Application Laws

Federal tenant screening laws apply across all 50 states, creating a consistent legal standard for all U.S. landlords. Many of these regulations are directly relevant to New Jersey rental applications, so landlords should understand how they apply during the screening process.

Fair Housing Act (FHA): The FHA prohibits landlords from discriminating against tenants based on characteristics such as race, color, religion, sex, and more. Landlords may not use discriminatory language in listings, ask about these characteristics in applications, or deny housing based on these traits. Landlords also cannot apply stricter lease terms or pursue eviction based on these factors, either.

Additionally, property managers and staff must also follow the FHA to avoid violating fair housing laws, which can result in civil and financial penalties. Complying with the FHA requires landlords to evaluate applicants based on objective criteria, helping them find the most qualified tenants possible (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): Like the FHA, the ECOA protects tenants from discrimination based on race, gender, religion, and familial status. It also bans landlords from discriminating against applicants who receive public assistance or have previously lived in public housing (15 U.S.C. §§ 1691–1691f).

Americans with Disabilities Act (ADA): The ADA prohibits landlords from discriminating against applicants with disabilities. Landlords may not deny housing based solely on an applicant’s disability or use discriminatory language in rental listings or applications. They must also allow tenants with disabilities to make reasonable, necessary modifications to the dwelling unit, even if doing so means adjusting existing policies (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): This consumer protection law governs how landlords can obtain and use credit reports during the application process. Landlords must secure the applicant’s consent before running a credit check and must notify the applicant if they decide to deny housing based on the results of the credit report (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: Passed shortly after the conclusion of the U.S. Civil War in 1866, this federal law prohibits discrimination in housing based on race and color (42 U.S.C. § 1981).

New Jersey Application Laws

In addition to federal laws, New Jersey has its own landlord-tenant laws governing tenant screening that limit the questions landlords can ask in the New Jersey rental application form and how they can use that information when making housing decisions. In particular, landlords should pay close attention to the Fair Chance in Housing Act and the New Jersey Law Against Discrimination, which cover:

Source of income: New Jersey landlords may not discriminate against tenants based on their source of lawful income (N.J. Stat. Ann. § 10:5-1 et seq.).

Criminal history: In New Jersey, landlords typically may not ask about or consider an applicant’s criminal history. Exceptions apply only if the applicant has been convicted of methamphetamine-related offenses or is required to register as a sex offender (N.J. Stat. Ann. § 46:8-52).

Eviction history: New Jersey law does not directly address whether landlords can reject an applicant based on their eviction history.

Sexual orientation & gender identity: New Jersey’s Law Against Discrimination prohibits landlords from discriminating against applicants based on sexual orientation and gender identity or expression (N.J. Stat. Ann. § 10:5-1 et seq.).

Pets, ESAs, and Service Animals

When renting out a house or apartment, landlords must decide whether to allow pets. That said, they cannot deny applicants based on having an emotional support animal (ESA) or a service animal. Tenants may still be held responsible for any damages caused by their ESA or service animal, however.

Pet information: Whether pets are allowed, landlords should include a section in the application asking whether the tenant has a pet, an ESA, or a service animal.

Fair Housing Act: Under the FHA, landlords may not discriminate against applicants with an ESA or service animal. They also cannot charge pet deposits, pet rent, or additional fees for these animals. Finally, landlords cannot reject an applicant based on the breed, size, or weight of a service animal or ESA.

Denial Process

If a landlord evaluates strictly objective criteria and determines that an applicant isn’t the best fit for the unit, they may deny the rental application. However, they must handle denials legally and consistently across all applicants.

Valid reasons for denying a tenant in New Jersey include insufficient income, adverse credit or rental history, and providing incomplete or false information.

Denial notice: New Jersey does not require landlords to provide applicants with a formal application denial notice when they choose not to proceed with a housing offer.

Credit/Background denials: If an applicant is denied based on information found during a credit or tenant background check, the FCRA requires landlords to issue an adverse action notice to the applicant that includes:

• The name of the credit or background check provider,
• A reminder of the tenant’s right to dispute any inaccuracies, and
• Contact information for the reporting agency (15 U.S.C. § 1681m).

Document storage: New Jersey landlord-tenant law does not require landlords to retain denied applications or screening reports. However, keeping thorough records, typically for 1 to 2 years, helps protect landlords against potential discrimination claims.