Tenant Criminal Background Check Ordinance Shelved In Brick

BRICK, NJ — A proposed ordinance that would have required landlords to provide proof that they had conducted criminal background checks on tenants was tabled by the Brick Township Council on Tuesday night amid concerns about its purpose and the potential for discrimination.

The proposed ordinance would have required landlords to show proof that they had conducted checks on criminal convictions and for landlord-tenant court actions each time they requested a new certificate of occupancy. The landlord would not have to provide the information they received in the background checks to the town, Scott Kennealy, the township's attorney, said.

Council members said the ordinance was proposed because the town had landlords asking for advice on what to do and saying they had no idea about the tenant's past history.

"We want the landlord to do the due dilligence," Councilman Paul Mummolo said. "We want the landlords to know who they are renting to."

Fred Rush, president of the NAACP of Ocean County/Lakewood, said the ordinance could be distriminatory against people of color. "That leads to all kinds of problems," he said. "The ones most disenfranchised are the most affected" by background checks.

Michael McNeil, housing chair for the New Jersey chapter of the NAACP, expressed signifcant concerns about the requirement to check the Landlord/Tenant court records — typically records of eviction proceedings — because they have the potential for unfair actions.

"I work with evictions," McNeil said, adding that not every eviction proceeding is a clear-cut issue and it can lead to tenants being blackballed from renting unfairly. "I don't want to see you get caught up in a whole mess of things."

Outside the meeting, McNeil said there are some landlords who file eviction notices punitively, including in cases where the apartments or homes are not being properly maintained. State law allows tenants to withhold rent when there is an issue that affects living conditions, such as no running water, but doing so inevitably leads to eviction notices and court battles that tenants often cannot afford.

"It's something that must be addressed," McNeil said. "No one is forcing (the landlords) to fix up these properties."

Rush also took issue with remarks from Mayor John G. Ducey in the Asbury Park Press, where Ducey said the town wants to be able to "keep bad renters out of our town" and prevent situations where a tenant with a clear criminal background check brings others into the apartment who have convictions, particularly of serious crimes.

"Undesirables. What does that mean?" Rush said.

The federal Fair Housing Act bars discrimination in rental properties "because of race, color, religion, sex, familial status, or national origin."

Landlords also took issue with the proposed ordinance, saying a criminal background check is not a panacea; tenants who have lived quietly for years may suddenly find themselves in trouble, and if that happens, the landlord cannot simply evict them.

"(If) you have a tenant who gets in trouble and they've been (renting the property) there for 15 years, you're talking at least two years. I can't file for eviction until they get convicted," said Christopher Alino, who has been a landlord for 31 years.

"No landlord wants a bad tenant. The state has guidlines on this," he said. "Everyone tries to get the best tenant possible. Sometimes things happen. I don't have control of their life."

Jeffrey Alino, a retired real estate broker who also has been a landlord for 40 years, said township officials should have met with landlords to get input before proposing the ordinance.

"There ought to be an indemnity clause," Jeffrey Alino said, "because even if you have screened tenants things can happen."

The township has long struggled with criticisms and claims of absentee landlords and of criminal elements taking over in some complexes. In 2015, the township enacted a so-called "animal house" ordinance to require landlords to address issues where tenants have been convicted of crimes. The town also has taken other measures to address pockets of repeated complaints, such as Maple Leaf Park apartments in the north end of the township. There are now police bicycle patrols in the warm months to allow offcers to connect with the community, which Police Chief James Riccio has said has helped build relationships. There also is a mentoring program for at-risk kids.

But problems persist.

"I understand the concerns of the people," McNeil said. "We can talk about the concerns. I just want to make sure we're all on the same page."

Fred Rush, president of the Ocean County NAACP chapter, addresses the Brick Township Council. Photo by Karen Wall, Patch staff