201-470-418159 New Jersey Landlords were warned for discriminating against tenants with criminal records
By N.A. Pagliara, Esquire of Pagliara Law Group, P.A. posted in Employment Law Blog on February 26, 2023.
Just like employees and job applicants are protected in New Jersey since 2014. This protection now carries over to tenants and applicants for housing.
On Friday, Attorney General Matthew Platkin and the Division on Civil Rights office issued warnings to landlords in over 40 towns across 16 counties in New Jersey for alleged discrimination against potential tenants. The landlords, totaling around 60, were accused of violating the Fair Chance in Housing Act by inquiring about criminal history on rental applications or during interviews prior to offering conditional tenancy, a discriminatory practice that is prohibited by law. This law was signed by Gov. Murphy in 2021 and went into law in January 2022.
NJ Landlords can not ask renters about criminal records in an application or in an Interview.
Although landlords can run a background check after an offer is made, they must detail in writing the specific reason they are rejecting an application.
Around six months after 30 landlords received similar warnings, a series of notices were issued on Friday.
The notices, sent by the Civil Rights division, accused 59 landlords in New Jersey of violating the Fair Chance in Housing Act by keeping questions about criminal history on rental applications or explicitly stating that applicants with criminal histories would not be considered.
The law, which took effect in January 2022, aims to provide landmark protections against housing discrimination and ensure that individuals with criminal histories have an equal opportunity to access safe and affordable housing. Landlords can run a background check after offering conditional tenancy but must provide written explanation for rejecting an application.
The Fair Chance in Housing Act is part of the “ban the box” movement, which strives to eliminate barriers to housing, jobs, and services for individuals who have served their debt to society.
Since 2014, similar restrictions have been placed on job applications through the “Opportunity to Compete Act,” which was signed by former New Jersey Governor Chris Christie.
If you are a landlord contact us to make sure you are compliant with your interview and application process before renting or having prospective tenants apply. Additionally, if you are a tenant or have applied and have been discriminated against because of a question in the application or when being interviewed by the landlord you may have a case. Contact our discrimination attorneys at Pagliara Law Group or at 201-470-4181.
AUTHOR: Nicholas A. Pagliara, Esq. Founder, Chairman of the Board and Managing Attorney of Pagliara Law Group, PA.
Contact Us: Our attorneys represent employees in all matter related to employment and labor law. Call us at (201) 470-4181 or fill out the contact form on this page. We can help.
Tags and Topics: Discrimination, Application, Housing rights, criminal history, Landlord.
