NJ warns 30 landlords over violating law on housing rights for formerly incarcerated

Ashley Balcerzak, NorthJersey.com
·4 min read

Thirty New Jersey housing providers received warning letters from the state Attorney General's Office for potentially violating a law meant to prevent landlords from discriminating against renters with criminal backgrounds, the agency announced Thursday.

Under the Fair Chance in Housing Act, New Jersey landlords can no longer ask people applying for apartments about their criminal history until after making a conditional offer. The law, which went into effect at the beginning of the year, also prohibits property owners from publishing housing advertisements saying they will not consider applicants with criminal records.

Criminal justice advocates urged the state Attorney General's Office earlier this year to enforce the law more aggressively, as people who were incarcerated years earlier continued to face rejections when applying for apartments despite the new protections.

"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," acting Attorney General Matt Platkin said in a statement. "Make no mistake: If you violate the [Fair Chance in Housing Act], we will hold you accountable.”

More:Denied housing in NJ because of your criminal background? Here's where to report it

More:How formerly incarcerated people in NJ are helping the newly released

The Division on Civil Rights sent out "notices of violation" to housing providers in 14 counties, 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 notice tells the landlord they asked a discriminatory question on their application or included illegal language, such as "no criminal records," on a housing advertisement. The office also sent out information packets describing the law and compliance agreements for housing providers to sign, in which they would agree to training and to make a payment instead of an assessed civil penalty, which is up to $1,000 for a first offense, up to $5,000 for a second violation and up to $10,000 for additional violations.

The Attorney General's Office set up a new "fair housing unit" to investigate violations of the Fair Chance in Housing Act and income discrimination cases, such as when landlords unlawfully deny housing to someone with government assistance, including a Section 8 housing choice voucher. Using American Rescue Plan funding, the agency hired a supervisor and three investigators.

How does the Fair Chance in Housing Law work?

Under the "ban the box" law, after landlords make a conditional offer, they can consider only:

  • first-degree convictions, or release from prison for the offense, within the past six years.

  • second- or third-degree convictions, or release from prison for that offense, within the past four years.

  • fourth-degree convictions, or release from prison for that offense, within the past year.

  • convictions for murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault or endangering the welfare of a child.

  • any conviction that requires lifetime registration as a sex offender.

With this information, landlords must weigh the nature and severity of the crime, the applicant's age when committing the crime, how recently the crime occurred, whether other tenants' safety is at risk if the applicant were to commit the crime again, whether the crime was connected to the specific property, and any information applicants provide in their favor, such as letters of recommendation.

If a landlord decides to withdraw the offer, they must give the applicant a "notice of withdrawal" that explains the reasons. The applicant can appeal the decision and present evidence that the criminal record was inaccurate, or ways the applicant has changed his or her life.

Landlords may never consider arrests or charges that didn't result in a criminal conviction; convictions that were expunged, pardoned or vacated; crimes committed as a juvenile; or sealed records.

In the application process, landlords are allowed to ask about two scenarios: Are you required to register with the state as a sex offender for life? And have you been convicted of producing meth on federal public housing grounds?

If you suspect that a landlord has violated the law, you can make a complaint to the attorney general's Division on Civil Rights by calling 833-653-2748, emailing FCHAinfo@njcivilrights.gov or visiting bias.njcivilrights.gov.

This article originally appeared on NorthJersey.com: NJ warns landlords who deny housing to people with criminal records