Filing a FCHA Complaint with DCR

In order to file a complaint with DCR, you must first submit an intake form. You can submit the intake form:
• Online by creating an account and using the NJ Bias Investigation Access System (NJBIAS)
• By calling 1.833.NJDCR4U (voice) and asking a DCR receptionist to assist you in filling out the form on the NJ Bias Investigation Access System (NJBIAS)

To submit an intake form you will need the specific facts and any records about the incident, and copies of any documents that support your complaint. This may include:
• If known, the names and contact information of the entity or people that you believe violated your rights under the FCHA;
• if known the names and contact information of potential witnesses;
• If available, documents, text messages, internet postings, or emails that support or relate to your allegations.

DCR provides people with disabilities equal access to our services and information. If you need an accommodation for a disability in order to complete an intake form, or to otherwise use our services, call 1.833.NJDCR4U (833-653-2748) (voice), call the Relay Service at 711, or email NJDCR4U@njcivilrights.gov.

Accessibility for People with Limited English Proficiency

NJBIAS is available in English and Spanish. DCR also offers translation services for people with limited English proficiency who speak other languages. Call 1.833.NJDCR4U (833-653-2748) or email at NJDCR4U@njcivilrights.gov to request assistance in your language.

After you submit a FCHA intake form, a DCR investigator will endeavor to contact you within 72 hours by phone to schedule an intake interview. During the interview, the investigator will gather any information necessary to determine whether DCR has jurisdiction over your complaint (i.e., whether you are alleging a violation of the FCHA that occurred within the past 180 days).

If DCR has jurisdiction over your complaint, DCR will prepare a complaint form for your signature. Once you sign the complaint, you are known as the “Complainant.”

You may file a FCHA complaint with or without an attorney. The process is free.

DCR will then serve the complaint on the part(ies) that you allege violated the law, known as the “Respondent(s).” This means that unlike some other legal proceedings, you do not have to personally serve the complaint on Respondent(s); DCR will serve it for you.

Within 14 days of receiving the complaint, DCR must  offer a  Respondent an opportunity to mediate,  address and remediate the complaint.

If the complaint is not resolved within those 14 days, a  Respondent is required to respond to the allegations in the complaint by filing an “Answer” and “Position Statement” and providing DCR with any evidence that supports its position. An Answer is a Respondent’s opportunity to admit or deny the allegations in the complaint and to set out its defenses. A Position Statement is a Respondent’s opportunity to provide specific, factual responses to each allegation, to provide copies of documents supporting its position and/or version of events, and to identify specific documents and witnesses supporting its position. You will be permitted to review the Respondent’s Answer and Position Statement and to submit any information you have in rebuttal.

After the Respondent(s) have submitted an Answer and Position Statement, the information and evidence submitted by you and the Respondent(s) (collectively called “the parties”) will be reviewed and analyzed by DCR. At this point, DCR may decide to conduct an investigation and assign the case to an investigator. DCR investigators are neutral, and can use several investigative tools to gather evidence including witness interviews, site visits, a review of relevant documentary evidence, and/or a fact-finding conference.

It is important that you preserve all relevant evidence, including electronically stored evidence such as website postings, texts, voice recordings, and email messages, until your case has concluded.

DCR also offers free dispute resolution services to parties who wish to resolve their matter on mutually agreeable terms. A voluntary resolution can be negotiated at any time during the complaint or investigation process. This means that a housing provider who initially declines to participate in the 14-day early mediation process may later request mediation. Please note on your intake form if you are interested in DCR’s free dispute resolution services. Should Respondent concur, DCR will endeavor to set up a mediation.

If DCR commences an investigation and is unable to reach an agreement with Respondent, DCR will complete its investigation and determine whether the FCHA allegations in the complaint are substantiated.

If DCR determines there is sufficient evidence to substantiate your allegation that the FCHA was violated, it will issue a “Notice of Violation.” This notice must apprise the Respondent of the nature of the violation, the acts or omissions supporting such violation, DCR’s proposed remedies and penalties, and advise Respondent of its right to appeal the decision with the Director within 15 days of receipt of the Notice of Violation. Respondent may either agree to the proposed remedies and penalties, or request an appeal. If Respondent fails to respond, the Director may issue a final order imposing the remedies and penalties set forth in the Notice of Violation. The complainant will receive a copy of the Notice of Violation as well. If the respondent appeals to the Division, the Director shall either decide a Respondent’s appeal on the written record, or if it is necessary to resolve material factual disputes, shall provide for a hearing in the Office of Administrative Law.

If DCR determines that the allegations in the complaint are not substantiated, it will advise the parties of the determination and issue a Finding of an Unsubstantiated Complaint. A complainant may appeal a decision that a complaint is unsubstantiated with the Appellate Division of the Superior Court, New Jersey’s intermediate court, within 45 days after you are served with a Finding of an Unsubstantiated Complaint. If you fail to file an appeal within 45 days, you will lose your right to have a Court review the Director’s determination.

If DCR finds that a violation of the FCHA occurred in your case, it can order the Respondent to remedy the harm caused by its conduct. That may include a monetary penalty and relief aimed at preventing FCHA violations, including educating employees about the FCHA and reporting compliance to DCR. Additionally, if Respondent has committed a previous FCHA violation, DCR may require Respondent to provide you with the previously denied unit or a similar rental unit, and return your application fee.

You may withdraw your DCR case at any time so long as the Director has not yet issued a Finding of an Unsubstantiated Complaint. Please note, however, that DCR is the sole entity that has been authorized to resolve FCHA violations.

DCR is designed to be accessible to people regardless of whether they have access to an attorney. Although it is not a requirement, any party that appears before DCR may be represented by an attorney. Attorneys are required to file a Notice of Appearance with DCR.

Retaliation against a person who files a complaint or participates in an investigation at DCR is prohibited by law. Please notify the investigator if, during or after an investigation, you believe that you or someone else has been retaliated against for participating in DCR’s investigation.