Bayville Providers Violated Housing Laws On Criminal History: AG

BAYVILLE, NJ — State officials issued a Notice of Violation to 30 housing providers, including in Bayville, who they say illegally asked applicants about their criminal history.

A law that took effect in January prevents housing providers from asking people 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. Read More: 30 Providers Violated NJ Housing Law On Criminal History: Officials

These providers asked questions on housing applications that are prohibited by law and posted housing advertisements or maintaining housing policies that do not comply with the statute, Platkin said.

"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.

There are exceptions to the FCHA if an applicant 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.

Notices were sent to 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.

“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.”

Housing providers can only ask about criminal history once an offer is made under the FCHA. 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."

Only certain convictions can be considered, such as those for murder, arson, human trafficking or sexual assault. The severity and recency of the conviction has to be considered, and an assessment about the applicant's age at the time of offense, how neighbors might be affected, and how serious the offense was.

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

This article contains reporting by Michelle Rotuno-Johnson.