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Newark, NJ Rental Property Rules: Section 8 Voucher Acceptance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 2:10-1.2(d)(5)
Program
Neighborhood Rehabilitation Program (NRP)
Applies to
HOME-assisted units in NRP-funded properties
Rent cap
Lesser of HUD FMR or 30% of 65% AMI
Affordability period
5 to 15 years, by loan amount
Administered by
Division of Housing Assistance (DHA)

Summary

Newark's Neighborhood Rehabilitation Program (NRP), run through the Division of Housing Assistance under City Code Section 2:10-1.2, bars any participating property owner from refusing to lease a HOME-assisted unit to a Section 8 certificate or voucher holder. The duty attaches once an owner accepts a City-funded rehabilitation loan; it is not a citywide source-of-income law covering every landlord in Newark.

Nondiscrimination Against Rental Assistance Subsidy Holders. The owner cannot refuse to lease HOME-assisted units to a certificate or voucher holder under 24 CFR part 982-Section 8 Tenant-Based Assistance: Unified Rule for Tenant-Based Assistance under the Section 8 Rental Certificate Program and the Section 8 Rental Voucher Program or to the holder of a comparable document evidencing participation in a HOME tenant-based rental assistance program because of the status of the prospective tenant as a holder of such certificate, voucher or comparable HOME tenant-based assistance document.

Source: City of NewarkView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5019615; v61 updated 2026-06-17; through 06-17-2026).

Full Breakdown

2 establishes Newark's Division of Housing Assistance and lets it run the City of Newark Neighborhood Rehabilitation Program (NRP), which gives owner-occupants of one- to three-unit residential buildings a deferred, HOME-funded loan to cover mandatory code-violation repairs such as facade work, window replacement, siding and sidewalk repair. Rehabbed units carry an affordability period keyed to the loan size: five years for $0-$14,999, ten years for $15,000-$40,000, and fifteen years for awards over $40,000, secured by a deed restriction and lien that the DHA removes once the loan is repaid or the affordability period runs.

111 or 30% of the adjusted income of a family earning 65% of area median income, and any rent increase requires 30 days' written notice to the tenant. Within that framework, subsection (d)(5), Nondiscrimination Against Rental Assistance Subsidy Holders, forbids the participating owner from refusing to lease a HOME-assisted unit to the holder of a Section 8 Rental Certificate or Section 8 Rental Voucher under 24 CFR Part 982, or to the holder of a comparable HOME tenant-based rental assistance document, solely because of that status.

253. The Director of the Department of Economic and Housing Development administers the program and reports contract counts, amounts and addresses to the Municipal Council annually.

Violations & Fines

The ordinance does not set a stand-alone fine for refusing a voucher holder under this section; compliance is enforced through the NRP contract itself. An owner who accepts NRP funds signs a recorded lien, deed restriction and promissory note administered by the DHA, and breaching program conditions, including the nondiscrimination duty, exposes the owner to loss of program participation and enforcement of the underlying loan repayment terms by the Department of Economic and Housing Development.

Frequently Asked Questions

Does Newark have a citywide law banning Section 8 discrimination?
No. The nondiscrimination duty in City Code Section 2:10-1.2(d)(5) only binds owners who accept a Neighborhood Rehabilitation Program loan for a HOME-assisted unit; it does not create a general source-of-income protection for every rental in Newark, so landlords outside the program are not covered by this specific section.
What counts as a HOME-assisted unit under this rule?
It is a unit inside a one- to three-family, owner-occupied structure that received a deferred NRP rehabilitation loan funded with federal HOME dollars, and it remains HOME-assisted for the affordability period tied to the loan amount, five years up to fifteen years, during which the nondiscrimination and rent-limit rules apply.
How much can rent be raised on an NRP unit?
The DHA reviews proposed rents against the HUD HOME limits, and any increase requires at least 30 days' prior written notice to the tenant; rents cannot exceed the lesser of HUD's fair-market rent for the area or 30% of the adjusted income of a household earning 65% of area median income.

Sources & Official References

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