New Jersey Rental Applications and Criminal History: What Landlords Can Ask

In New Jersey, renters often wonder if landlords can ask about or use an applicant's criminal history during the rental screening process. Recent changes in state law protect many renters, but some exceptions apply. This article breaks down what landlords can and cannot do, which forms might be used, and guidance for renters who believe they've been treated unfairly.

Understanding Criminal History Questions for NJ Renters

New Jersey protects renters from discrimination based on criminal history in most residential applications. The law, known as the "Fair Chance in Housing Act," was enacted to help individuals with a criminal record access housing fairly. Here is what renters should know:

• Landlords cannot ask about criminal history on the initial rental application.
• They may only conduct a criminal background check after offering you conditional approval.
• Landlords are banned from considering certain types of older or minor convictions.

This law aims to ensure everyone has a fair chance at safe and affordable housing. For more, see the official Fair Chance in Housing Act (N.J.S.A. 46:8-52 to 64).^[1]

What Landlords Can and Cannot Ask About Criminal History

While landlords may want to ensure a safe environment for all tenants, they must follow New Jersey law when screening for criminal history:

• On the initial application: Landlords must not ask about any criminal background.
• Post-conditional approval: Only after you are preliminarily approved and notified in writing can a landlord ask about or run a background check concerning your criminal history.
• Exceptions: Convictions such as certain serious violent offenses may be considered, but arrests not leading to conviction, or records expunged, dismissed, or pardoned cannot be used against you.

See detailed restrictions in the Fair Chance in Housing Act.

Your Rights If Denied Housing for Criminal History

If your application is denied based on a criminal background check, landlords must provide you with an "Adverse Action Notice." This is required by both New Jersey law and the federal Fair Credit Reporting Act (FCRA).

• Landlord must give written notice stating:
  • The reason for denial
  • A copy of the criminal background check report
  • Your rights to dispute inaccuracies

To dispute a denial, you may use the "Adverse Action Notice" or contact the agency listed in your report.

Relevant Official Forms for Renters

• Adverse Action Notice (FCRA):
  • Form Use: Landlords are required to use this if they deny your application based on information in a background or credit check.
  • Renter Example: If you are rejected due to your background check, you'll receive this form outlining the reason and your rights. You can then request corrections or appeal.
  • Sample FCRA Summary of Rights (Consumer Finance Protection Bureau)
• NJDCA Housing Discrimination Complaint Form:
  • Form Use: Used by renters to file a complaint if they believe a landlord unlawfully discriminated against them due to criminal history or other protected status.
  • Renter Example: If you think a landlord broke the Fair Chance in Housing Act, you can submit this complaint.
  • NJ Division on Civil Rights Complaint Forms

Who Oversees Tenant Complaints and Enforcement?

In New Jersey, residential tenancy and fair housing complaints are mainly handled by the New Jersey Division on Civil Rights (DCR). They investigate housing discrimination claims and enforce the Fair Chance in Housing Act and the New Jersey Law Against Discrimination.^[2]

Renters seeking general tenancy dispute resolution may also contact the New Jersey Landlord/Tenant Court.

Steps for Renters: What to Do If You Face Discrimination

If you believe you were denied housing unfairly because of your criminal history, you can take these steps:

• Review your denial letter or Adverse Action Notice.
• Request a copy of your background report.
• File a formal complaint with the NJ Division on Civil Rights (DCR). Use their complaint form (NJ DCR Forms page).
• Gather and keep all documentation and correspondence.

For a summary: New Jersey protects renters from blanket criminal history discrimination during the rental process. Support is available if you need to challenge a denial.

Frequently Asked Questions

1. Can my landlord run a criminal background check before approving my application in New Jersey?
   No. Landlords can only check your criminal history after conditionally approving your application, and they must follow strict rules set by the Fair Chance in Housing Act.
2. What if I was denied a rental because of a very old conviction?
   Landlords in New Jersey cannot deny housing based on most arrests or convictions older than certain periods, or those that have been expunged, pardoned, or dismissed.
3. How do I file a fair housing complaint about criminal history discrimination?
   Download the complaint form from the NJ Division on Civil Rights and submit it online, by mail, or in person.
4. What information must the landlord provide if I am denied due to my background?
   The landlord must provide an "Adverse Action Notice" explaining the reason, your rights, and a copy of any background report used in their decision.

Key Takeaways for Renters

• Landlords in New Jersey cannot ask about your criminal history until you've been given conditional approval for an apartment.
• If denied, you must receive a detailed notice and may challenge incorrect information.
• Renters facing discrimination can file a complaint with the NJ Division on Civil Rights.

Take time to review official resources and know your rights during the rental process.

Need Help? Resources for Renters

• New Jersey Division on Civil Rights (DCR) – Handles discrimination complaints, including criminal history issues
• NJ Department of Community Affairs – Landlord/Tenant Information
• New Jersey Landlord/Tenant Court Self-Help

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1. Fair Chance in Housing Act (N.J.S.A. 46:8-52 to 64)
2. New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)

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