What are my housing rights as a domestic violence survivor in NJ?

 Domestic violence survivors in New Jersey have specific housing rights to protect their safety, maintain their housing stability, and ensure access to necessary support systems. These rights are grounded in state laws and federal protections. Here’s a comprehensive overview of your housing rights as a domestic violence survivor in New Jersey.

1. Early Lease Termination for Survivors

Under the New Jersey Safe Housing Act, survivors of domestic violence have the right to terminate a lease early without penalty. To qualify:

  1. You must provide your landlord with written Domestic violence New Jersey notice of your intention to terminate the lease.

  2. A copy of a restraining order or certification from a law enforcement officer or a licensed professional (e.g., social worker, doctor) must accompany the notice.

This allows survivors to leave unsafe living conditions without incurring financial consequences, ensuring their safety.

2. Protections Against Eviction

Survivors of domestic violence are protected from eviction under NJ law if the eviction is based on domestic violence incidents. Key protections include:

  1. A landlord cannot evict you solely because you experienced domestic violence.

  2. If property damage occurred due to the violence, you are not automatically held responsible if it was caused by the abuser.

3. Changing Locks for Safety

Survivors have the right to request a lock change without the landlord’s approval of the abuser. The New Jersey Anti-Eviction Act enables tenants in situations of domestic violence to improve their security.

  1. You may be required to provide documentation, such as a restraining order or police report, to justify the lock change.

  2. Costs associated with changing the locks may fall on the tenant, though some landlords may waive this.

4. Access to Emergency Housing Assistance

New Jersey provides emergency housing resources for survivors, including shelters and transitional housing programs:

  1. The Domestic Violence Hotline (1-800-572-SAFE) offers access to safe shelters and referrals to support services.

  2. Transitional housing programs assist survivors in rebuilding their lives with stable, longer-term housing solutions.

5. Subsidized Housing and Priority Placement

Survivors of domestic violence are often given priority for subsidized housing programs under federal and state guidelines:

  1. Public Housing Authorities (PHA) may expedite applications for survivors.

  2. Survivors can request a transfer to another property to escape an abuser.


6. Protection Under the Violence Against Women Act (VAWA)

VAWA provides housing protections for survivors living in federally assisted housing. Protections include:

  1. You cannot be denied housing or evicted from federally funded properties due to being a victim of domestic violence.

  2. Survivors have the right to request a transfer to another property if staying in the current residence endangers their safety.

  3. Survivors can submit a self-certification form or other documentation to support their case without revealing unnecessary personal details.

7. Obtaining Legal Support for Housing Issues

Legal assistance is crucial for navigating complex housing issues as a domestic violence survivor. Resources include:

  1. Legal Services of New Jersey (LSNJ): Offers free or low-cost legal aid to survivors for housing, restraining orders, and other concerns.

  2. Domestic violence advocates: Available through shelters or nonprofits to help survivors understand their rights and file necessary documentation.

8. Financial Assistance for Relocation

Survivors may face challenges affording relocation. New Jersey offers financial aid through various programs:

  1. Crime Victims Compensation Program (CVCP): Provides funds for moving expenses and security deposits for survivors of violent crimes, including domestic violence.

  2. Nonprofits and charitable organizations: Many organizations offer grants or assistance specifically for survivors of domestic violence.

9. Protections for Shared Housing

In cases where the abuser is a co-tenant or leaseholder, NJ law provides options for survivors:

  1. A restraining order can mandate the abuser leave the premises.

  2. Survivors may request the lease be transferred solely to their name.

10. Confidentiality Protections

Your privacy is protected under state and federal laws:

  1. Landlords must keep documentation related to domestic violence confidential.

  2. Address confidentiality programs, such as New Jersey’s Address Confidentiality Program (ACP), allow survivors to use a substitute address for legal purposes.

Seeking Help and Knowing Your Rights

Navigating housing as a New Jersey Domestic Violence Lawyer survivor can be challenging, but numerous protections and resources are available. Understanding these rights empowers you to make informed decisions and seek support from legal, advocacy, and housing organizations.

If you or someone you know is experiencing domestic violence in New Jersey, call the National Domestic Violence Hotline (1-800-799-7233) or the NJ Domestic Violence Hotline (1-800-572-SAFE) for immediate assistance.


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