Authorities have put 30 landlords across New Jersey on notice that they’re running afoul of a landmark law barring housing providers from asking about criminal history on applications in most cases, the state’s acting attorney general said Thursday.
The Fair Chance in Housing Act, which Gov. Phil Murphy signed last year, prohibits landlords from asking about criminal history on an application or in an interview before giving the prospective tenant a conditional offer. They are allowed to run background checks after that offer is made, but must explain in writing the specific reason they are rejecting the applicant.
The state Division on Civil Rights sent notices of violation to the 30 landlords, who are accused of keeping questions about criminal history on their applications after the law took effect this year, or explicitly stating in their advertisements that applicants with criminal histories would be rejected.
The measure was passed as part of a broader “ban the box” movement, which seeks to remove barriers to housing, jobs and services for people after they’ve served their debt to society. New Jersey has placed similar prohibitions on job applications since 2014, when Gov. Chris Christie signed the “Opportunity to Compete Act.”
Proponents say refusing housing and jobs for people with criminal records disproportionally harm minorities because of racial inequality in the justice system. Although its prison population has shrunk over the years, justice reform advocates say New Jersey has among the highest racial disparities in prison population in the United States.
“A criminal record can have a devastating, albeit unfair, impact on a person’s ability to find safe and affordable housing,” Rosemary DiSavino, the deputy director of the DCR, said in a statement. “The FCHA offers the promise that a criminal record alone cannot disqualify an applicant from consideration.”
Housing providers who violate the law can face civil penalties ranging from $1,000 for a first offense to $10,000 for repeat offenses.
The landlords who received notices of violation spanned 14 counties, from Jersey City in Hudson County to Carney’s Point in Salem County. Authorities did not identify them by name, saying that they were also provided with a compliance agreement that includes training requirements and a payment in lieu of a civil penalty.
Previously, state authorities in March sent cease-and-desist letters to seven landlords whose advertisements included language such as “Background check. NO criminal records. (No exception).”
Acting Attorney General Matthew Platkin said the enforcement actions “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.”
