30 Providers Violated NJ Housing Law On Criminal History: Officials

NEW JERSEY — State officials issued a Notice of Violation to 30 housing providers, mostly in south and central New Jersey, who they say illegally asked applicants about their criminal history.

A law that took effect in January prevents housing providers from asking renters about their criminal record when they fill out a housing application. It also prevents providers from putting up housing advertisements that say people with criminal records can't apply.

Acting Attorney General Matthew J. Platkin said housing providers in 14 of the state's 21 counties have violated the Fair Chance in Housing Act, or FCHA. The term "housing providers" can include landlords, owners, lessors, sublessor, and anyone else entitled to receive rent money or other benefits from renting out a housing unit.

"The law addresses an important driver of racial inequality in New Jersey, as eligibility rules limiting housing opportunities for people with criminal records have long disproportionately affected people of color, especially Black people," Platkin's office said.

Governor Phil Murphy signed the Fair Chance in Housing Act, the first of its kind in the nation, on Juneteenth of 2021.

There are exceptions to the FCHA if a renter has a conviction that requires them to register as a sex offender for life, or has been convicted of manufacturing or producing methamphetamines in federally-assisted housing.

Platkin said his office's Division on Civil Rights sent notices to housing providers in Asbury Park, Bayville, Berlin, Bridgeton, Burlington, Carneys Point, Cherry Hill, Cinnaminson, Elizabeth, Florence, Glassboro, Hamilton, Jersey City, Lawrenceville, Little Ferry, Marlton, Metuchen, Midland Park, Newark, Passaic, Princeton, Roebling, Toms River, Trenton, Vineland, and Woodbury.

Patch has asked the Attorney General's office for a more detailed list of these housing providers.

Under the FCHA, housing providers can choose to consider a potential tenant's criminal history, but must make a conditional offer first. The provider must also disclose that they will consider the applicant's criminal history, and give the applicant an opportunity "to provide evidence of mitigating factors, including inaccuracies in their criminal record and evidence of rehabilitation."

After the conditional offer, the housing provider may only consider certain convictions, such as those for murder, arson, human trafficking, or sexual assault. The housing provider may also consider the severity of the crime and how recently the applicant was released.

Then, the housing provider must conduct an individual assessment, considering information such as the applicant's age at the time of offense, how neighbors might be affected, and how serious the offense was.

Violators of the law face civil penalties of up to $1,000 for a first offense, up to $5,000 for a second offense, and up to $10,000 for any following offense, Platkin's office said.

“The Fair Chance in Housing Act, the first state law of its kind in the country, reflects our state’s deep and unwavering commitment to ensuring that every New Jersey resident has a fair chance to find safe, affordable housing,” said Platkin in a news release.

“The enforcement actions we’re announcing today send a clear message that we will not tolerate violations of this landmark law, and we will continue to actively enforce the critical protections it provides. Make no mistake: If you violate the FCHA, we will hold you accountable.”

Click here to read an info sheet about the Fair Chance in Housing Act from the Attorney General's office.