NJAC 5:24 - Condominium, Fee Simple and Cooperative Conversion

• NJAC 5:29 - Landlord-Tenant Relations

Fair Chance in Housing Act

The New Jersey Fair Chance in Housing Act, effective January 1, 2022, prevents housing discrimination against individuals with prior criminal records. It restricts when and how landlords can consider an applicant's criminal history during the rental process. Landlords generally cannot inquire about criminal history on initial applications or before making a conditional offer of housing. After a conditional offer, landlords can only consider specific criminal convictions based on their nature, severity, and how recently they occurred. 

Key Provisions of the Act:

• "Ban the Box":
  Landlords cannot ask about criminal history on initial applications or before making a conditional offer. 
• Conditional Offer:
  Landlords must first make a conditional offer to an applicant before conducting a criminal background check. 
• Limited Considerations:
  After a conditional offer, landlords can only consider specific convictions based on their nature, severity, and how recently they occurred. 
• Exceptions:
  The law does not apply to owner-occupied buildings with four or fewer units, single-family homes sold or rented by the owner without a broker, and housing operated by religious organizations. 
• Individualized Assessment:
  Landlords must conduct an individualized assessment, considering the applicant's criminal history, age at the time of the offense, time elapsed since the offense, rehabilitation efforts, and potential impact on the safety of other tenants or property. 
• Disclosure:
  Landlords must disclose whether their eligibility criteria include consideration of criminal history and inform applicants of their right to provide evidence of inaccuracies or rehabilitation. 

How it Works:

• Initial Application:
  The applicant completes the initial application without disclosing criminal history. 
• Conditional Offer:
  The landlord makes a conditional offer based on the applicant's qualifications (e.g., income, credit).
• Background Check:
  The landlord conducts a criminal background check, but only after the conditional offer.
• Individualized Assessment:
  The landlord evaluates the applicant's criminal history, considering the factors outlined in the law.
• Final Decision:
  The landlord makes a final decision based on the individualized assessment. 

Law Against Discrimination (LAD)

Under the New Jersey Law Against Discrimination (LAD), landlords and housing providers are prohibited from discriminating against individuals based on certain protected characteristics, especially in the context of rental subsidies or assistance programs. 

Specifically, the LAD protects individuals from discrimination based on their source of lawful income, including rent subsidies like the Housing Choice Voucher Program (formerly Section 8), or any other lawful source of income used for rental payments such as rental arrears or rental assistance. This means landlords cannot refuse to rent a unit or modify the terms of a rental agreement because a prospective tenant intends to use a rental subsidy or rental assistance. 

Beyond the source of income, the LAD prohibits housing discrimination based on actual or perceived characteristics including: 

• Race or color
• Religion or creed
• National origin, nationality, or ancestry
• Sex, pregnancy, or breastfeeding
• Sexual orientation
• Gender identity or expression
• Disability
• Marital status or domestic partnership/civil union status
• Liability for military service
• Familial status (having children under 18) 

Key takeaways:

• Landlords in New Jersey must accept rental assistance subsidies as a valid source of lawful income.
• It is unlawful to refuse to rent a unit or impose different standards on applicants based on their protected class status, including those relying on rental subsidies.
  Violations of the LAD can result in significant penalties for landlords and other housing providers. 
• The NJ Attorney General’s Division of Civil Rights (DCR) enforces the NJ Law Against Discrimination (LAD).  You have 180 days from the date of the alleged violation to file a complaint. 

Here's how to file a complaint:

1. Intake Form:
   1. Online: Go to the NJBIAS portal and create an account to submit the intake form:  NJCivilRights.gov
   2. By Phone: Call 1-833-NJDCR4U and a DCR receptionist can assist you in filling out the form on the NJBIAS portal.
2. Gather Information:
   When completing the intake form, you'll need specific details about the incident, including:
   1. The date of the alleged violation.
   2. A description of what happened.
   3. Any evidence or documentation supporting your claim (e.g., emails, letters, witness information).
3. Complaint Review:
   Once you submit the intake form, DCR staff will review it to determine the next steps.
4. Possible Outcomes:The DCR may:
   1. Request more information.
   2. Start a mediation or investigation.
   3. Refer you to another organization for assistance.
   4. Inform you that they cannot help. 
5. Filing Deadline:
   You must file your complaint within 180 days of the discriminatory act