New Jersey Section 8, Records & Right to Counsel

New Jersey rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.

Short answer: Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and… N.J.S.A. 10:5-5(yy), 10:5-12(g)(4) (Law Against Discrimination), as amended by P.L.2025, c.251 (approved Jan. 12, 2026)

The rules in New Jersey

Statewide ban on refusing Section 8 / source of income	Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and court-ordered payments such as child support or alimony. Listings may not exclude these sources. Under amendments signed January 12, 2026 (effective immediately), a landlord may not refuse a lawful source of payment, and any minimum-income requirement or financial standard must be based only on the portion of the rent the tenant will pay. Except for publicly assisted housing, the LAD does not apply to renting a unit in a two-family home where the owner lives in the other unit, or renting rooms in an owner-occupied one-family home (N.J.S.A. 10:5-5, definition of "real property"). AG / Division on Civil Rights guidance: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/njlad/discrimination-in-housing/. Military/veteran housing allowances must also be counted as income (N.J.S.A. 46:8-51). Source: N.J.S.A. 10:5-5(yy), 10:5-12(g)(4) (Law Against Discrimination), as amended by P.L.2025, c.251 (approved Jan. 12, 2026)
Eviction record sealing	Only for COVID-era nonpayment cases. Court records of landlord-tenant actions for nonpayment or habitual late payment of rent arising during the COVID-19 public health emergency (Executive Order 103 of 2020, as extended) plus 60 days are confidential and not available to the public. Landlords may not consider those records in tenant screening, and screening companies may not knowingly provide them. No general statute for sealing other eviction records was found. Screening rule: 2A:42-147 (https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1307?f=templates$fn=document-frame.htm$3.0). Sealing is automatic by statute (no motion needed). Source: N.J.S.A. 2A:42-144 to 2A:42-148 (P.L.2021, c.189)
Right to a lawyer in eviction	No statewide statutory right to counsel in eviction cases found. Source: N.J.S.A. 2A:18, 2A:42 (section lists reviewed; no counsel provision)

New Jersey vs. neighboring states

Section 8, Records & Right to Counsel: New Jersey vs. neighboring states
State	Statewide ban on refusing Section 8 / source of income	Eviction record sealing	Right to a lawyer in eviction
New Jersey	Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and court-ordered payments such as child support or alimony. Listings may not exclude these sources. Under amendments signed January 12, 2026 (effective immediately), a landlord may not refuse a lawful source of payment, and any minimum-income requirement or financial standard must be based only on the portion of the rent the tenant will pay. N.J.S.A. 10:5-5(yy), 10:5-12(g)(4) (Law Against Discrimination), as amended by P.L.2025, c.251 (approved Jan. 12, 2026)	Only for COVID-era nonpayment cases. Court records of landlord-tenant actions for nonpayment or habitual late payment of rent arising during the COVID-19 public health emergency (Executive Order 103 of 2020, as extended) plus 60 days are confidential and not available to the public. Landlords may not consider those records in tenant screening, and screening companies may not knowingly provide them. No general statute for sealing other eviction records was found. N.J.S.A. 2A:42-144 to 2A:42-148 (P.L.2021, c.189)	No statewide statutory right to counsel in eviction cases found. N.J.S.A. 2A:18, 2A:42 (section lists reviewed; no counsel provision)
Delaware	Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. 6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116	By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. 25 Del. C. § 5720 (85 Del. Laws c. 106)	Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. 25 Del. C. §§ 5601-5607
New York	Yes, statewide. Refusing to rent, or setting different terms, because of a person's 'lawful source of income' is an unlawful discriminatory practice. The definition includes child support, alimony, foster care subsidies, Social Security, any federal, state, or local public assistance or housing assistance, including Section 8 vouchers (whether or not paid directly to the landlord), and any other lawful income. N.Y. Exec. Law § 296(5)(a); § 292 (definition of 'lawful source of income')	Not verified yet	Not verified yet
Pennsylvania	No statewide protection. The Pennsylvania Human Relations Act covers race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap/disability and guide/support animal use, but not source of income or voucher use. 43 P.S. 955(h) (PHRA s. 5(h))	No statewide sealing law yet. HB 1095 (limited access to eviction information, amending Title 42) passed the House 105-98 on June 23, 2025 and was reported as amended by Senate Judiciary on Oct. 19, 2026 and re-referred to Senate Appropriations on Oct. 20, 2026, which re-reported it as committed the same day (21-1). It still needs Senate final passage, House concurrence in the Senate amendments and the Governor's signature - not enacted as of Oct. 23, 2026. 2025-2026 HB 1095 (pending)	No statewide right to counsel in eviction cases. 68 P.S. 250.501-250.513

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New Jersey Section 8, Records & Right to Counsel FAQ

Is it illegal for a landlord to refuse Section 8 vouchers in New Jersey?

Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and court-ordered payments such as child support or alimony. Listings may not exclude these sources. Under amendments signed January 12, 2026 (effective immediately), a landlord may not refuse a lawful source of payment, and any minimum-income requirement or financial standard must be based only on the portion of the rent the tenant will pay. (N.J.S.A. 10:5-5(yy), 10:5-12(g)(4) (Law Against Discrimination), as amended by P.L.2025, c.251 (approved Jan. 12, 2026))

Can an eviction record be sealed or removed in New Jersey?

Only for COVID-era nonpayment cases. Court records of landlord-tenant actions for nonpayment or habitual late payment of rent arising during the COVID-19 public health emergency (Executive Order 103 of 2020, as extended) plus 60 days are confidential and not available to the public. Landlords may not consider those records in tenant screening, and screening companies may not knowingly provide them. No general statute for sealing other eviction records was found. (N.J.S.A. 2A:42-144 to 2A:42-148 (P.L.2021, c.189))

Do tenants have a right to a free lawyer in eviction cases in New Jersey?

No statewide statutory right to counsel in eviction cases found. (N.J.S.A. 2A:18, 2A:42 (section lists reviewed; no counsel provision))

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.