N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-51
Military, veteran housing allowance counted as income; definitions
Operative Text
1. a. A landlord, or any agent thereof, shall count a military or veteran housing allowance, supported by United States Department of Veterans Affairs documentation, as income for purposes of determining whether a qualified prospective tenant meets any minimum income qualifications to rent housing from the landlord. b. As used in this section: "Landlord" means any person who rents or leases or offers to rent or lease, for a term of at least one month, dwelling units. "Military" means the Armed Forces of the United States, including the Army, Navy, Air Force, Marine Corps, and Coast Guard, the National Guard and any other reserve component of the armed forces, and the merchant marine when organized under the federal law as a public military force. "Military or veteran housing allowance" means any federal housing allowance or stipend provided to a service member of the military or a veteran, including, but not limited to, the basic allowance for housing authorized pursuant to 37 U.S.C. s.403 and the housing stipend authorized pursuant to 38 U.S.C. s.3313. "Qualified prospective tenant" means any service member of the military or a veteran who is receiving a military or veteran housing allowance. "Veteran" means a person who has served on active duty in the Armed Forces of the United States and who was discharged or released therefrom under conditions other than dishonorable. L.2019, c.206.
Under N.J.S.A. 46:8-1 et seq. § 46:8-51, New Jersey law requires landlords to treat federal military and veteran housing allowances—such as the Basic Allowance for Housing or VA housing stipends—as countable income when evaluating whether a prospective tenant meets a minimum income threshold. The rule applies to any landlord offering dwelling units for rent on a term of at least one month. Applicants must support their allowance with U.S. Department of Veterans Affairs documentation for it to qualify under this provision.
Plain English — not legal advice.
Landlords and their agents operating in New Jersey must comply with N.J.S.A. 46:8-1 et seq. § 46:8-51 by including verified military or veteran housing allowances in an applicant's income calculation alongside wages or other income sources. Compliant operators typically update their tenant-screening criteria and train leasing staff to accept VA-issued documentation as proof of this allowance. Screening policies that exclude or discount these allowances when assessing minimum income requirements would not align with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 46:8-1 et seq. § 46:8-51 gives service members and veterans the right to have their federal housing allowances—backed by VA documentation—counted as income during the rental application process. If a landlord refuses to recognize a qualifying allowance, that refusal may constitute a violation of this provision, which tenants or applicants can raise as a basis for a complaint or legal challenge. Tenant-rights organizations and legal aid offices familiar with New Jersey housing law can explain the general options available for pursuing such a claim.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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