Essex County Landlord Asked Illegal Criminal History Questions: NJAG

ESSEX COUNTY, NJ — “No criminal history. No criminal record. No criminal background.” These are some of the phrases that shouldn’t be appearing on an application for housing in New Jersey, officials say.

Earlier this week, officials announced that 25 notices of violation have been issued to landlords and housing providers across the state for allegedly violating New Jersey’s Fair Chance in Housing Act (FCHA), which Gov. Phil Murphy signed into law in 2021.

According to the New Jersey Attorney General’s Office, the list includes landlords and housing providers in 15 municipalities across 11 counties, including Essex County. Other counties on the list included Atlantic, Bergen, Burlington, Camden, Hudson, Mercer, Middlesex, Ocean, Passaic and Union.

Here’s the problem, prosecutors said:

“With limited exceptions, the FCHA limits a housing provider’s ability to consider an applicant’s criminal history on an initial housing application, in an interview, or in any other way before making an offer. It is also unlawful for a housing provider to publish any advertisement prohibiting applicants with criminal histories from applying for a unit.”

State officials didn’t provide the individual names of the housing providers in their news release. But the attorney general’s office did give two examples of landlords who allegedly flaunted the law:

• In one apartment complex in Edgewater Park, the rental application stated that each applicant would be subjected to a criminal background check, and any applicant could be “rejected for criminal related reasons,” including “felony conviction,” “any illegal drug related conviction,” and any “misdemeanor conviction involving crime against persons or property.”
• A Princeton apartment complex, meanwhile, stated on its application that an applicant “will be denied” if “you have any felony criminal convictions” or “misdemeanor criminal convictions.”

Meanwhile, several online advertisements for rental properties – including listings on Craigslist, Trulia and ApartmentFinder.com – used language prohibited by the FCHA. The list of banned phrases included: “no criminal history,” “no criminal record” and “no criminal background.”

The accused housing providers face maximum civil penalties up to $1,000 for a first offense, $5,000 for a second offense, and $10,000 for any subsequent offenses, the attorney general’s office said.

“In New Jersey, a history with the criminal legal system cannot automatically bar you from having fair access to housing,” attorney general Matthew Platkin said.

“Individuals who have encountered the criminal justice system require stable housing in order to successfully return to their communities,” Platkin added.

Since the Fair Chance in Housing Act went into effect in 2022, the state Division on Civil Rights (DCR) has brought over 200 enforcement actions against housing providers for allegedly violating the FCHA.

DCR director Sundeep Iyer said the law provides people with “groundbreaking protections” – but added that “they don’t mean much if they aren’t enforced.”

More information about the law and how to file a complaint with the DCR can be found online here.

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