For thousands of students in New Jersey, college is not just about academics—it’s also about finding a safe and stable place to live. Whether attending a public university, a private college, or a community college, student housing plays a critical role in a student’s overall well-being and success. But what happens when housing conditions become unsafe, discriminatory, or unfair? In New Jersey, students have specific legal rights when it comes to college housing, both on and off campus.
On-Campus Housing Rights
Students living in university-owned dormitories or apartments are generally subject to the housing policies of the institution. However, these institutions must still comply with broader laws, including anti-discrimination and safety regulations.
- Fair Housing Protections: While the federal Fair Housing Act (FHA) doesn’t always apply directly to public dormitories, New Jersey’s Law Against Discrimination (NJLAD) offers strong protection. It prohibits discrimination based on race, religion, sex, gender identity, sexual orientation, disability, and more—even in college-owned housing.
- Disability Accommodations: Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, colleges must provide reasonable accommodations to students with disabilities. This could include accessible rooms, permission for service animals, or modifications to housing policies.
- Health and Safety Standards: College housing must meet basic health and safety requirements. Students have the right to report hazardous conditions, such as mold, lack of heat, or pest infestations, to the housing office or state inspection agencies.
Off-Campus Housing and Lease Agreements
Many students in NJ choose to live off campus in apartments or shared houses. In these situations, they are considered traditional tenants and are covered by New Jersey’s landlord-tenant laws.
- Written Lease Protections: Students renting off-campus housing should always insist on a written lease. This contract outlines the landlord’s and tenant’s responsibilities, including rent amounts, maintenance obligations, and rules for eviction.
- Security Deposits: Landlords in NJ may not charge more than one and a half months’ rent for a security deposit. They must return the deposit within 30 days of lease termination, minus any documented damages.
- Eviction Laws: Students are protected under the same eviction laws as other tenants. Landlords must follow legal procedures and cannot evict tenants without cause, notice, or a court order.
- Habitability Requirements: Landlords must ensure that the property is safe and livable. Students have the right to request repairs and report unaddressed issues to municipal code enforcement.
Roommate Disputes and Legal Remedies
College students often live with roommates, either assigned by the college or chosen independently. While disputes can arise over noise, cleanliness, or unpaid bills, it’s important to know how to resolve these conflicts legally.
- Roommate Agreements: For off-campus housing, students should consider drafting a roommate agreement that outlines responsibilities for rent, utilities, cleaning, and other expectations.
- Mediation Services: Many colleges offer free conflict mediation services to help roommates resolve issues without legal action.
- Legal Liability: If one roommate breaks the lease, the others may still be liable for the full rent. Understanding the terms of your lease and legal obligations can prevent financial and legal surprises.
Protecting Student Rights
Students in NJ who believe their housing rights are being violated have several options:
- File a complaint with the New Jersey Division on Civil Rights for discrimination.
- Contact Legal Services of New Jersey or local tenant advocacy groups.
- Report unsafe conditions to local housing inspectors or health departments.
Final Thoughts
College students in New Jersey are entitled to fair, safe, and non-discriminatory housing, whether they live on campus or rent off campus. Understanding your rights and knowing how to respond to common housing challenges can make a significant difference. Legal protections are in place to ensure that your housing situation supports your academic journey—not hinders it. If you believe your rights have been violated, don’t hesitate to seek legal advice or take appropriate action.