Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
New Jersey Landlords Can’t Automatically Deny Renters Based on Criminal Pasts, New Law Mandates
By
Karen Yi
Published Jan 5, 2022
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Julio Cortez/AP/Shutterstock
By
Karen Yi
Published Jan 5, 2022
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A new law bans New Jersey landlords from asking potential tenants about their criminal histories until after they’ve conditionally approved their housing applications. The measure, which took effect January 1st, eliminates a key obstacle facing formerly incarcerated people, who often struggle to find a place to live.
“It starts to disconnect housing from our criminal justice system,” said James Williams, director of racial justice policy at the Fair Share Housing Center. “Housing just isn’t four walls and a roof … it’s an essential part of how we live.”
The Fair Chance in Housing Act is among the most expansive laws of its kind in the country, housing advocates say. It essentially eliminates automatic denials of housing applicants with criminal records. Even after a landlord runs a criminal background check on a potential tenant or inquires about prior convictions, the landlord must explain any subsequent rejections in writing and give potential tenants a chance to contest the facts or show they’ve rehabilitated.
“A landlord and a developer, you’re not the Department of Corrections, you’re not probation and parole. It’s not your job to validate whether or not this person deserves to be in society,” Williams said. “The state has said they paid their debt so now let's give them a fair chance to do right.”
Landlords can still reject applicants convicted of murder or kidnapping. Other convictions can only be cited as a reason for denial within a certain time frame depending on the crime. More serious offenses like carjacking can be considered within a six-year window. Offenses considered less serious, including assaults, have a one-year consideration period. Even then, a landlord must fill out a form explaining why a person’s conviction is enough to deny them housing or how it poses a safety risk to others, new state rules show.
Arrests that didn’t lead to convictions or expunged records cannot be a basis for denial.
"This administration is committed to leveling an uneven playing field when it comes to access to housing in New Jersey,” Governor Phil Murphy said in a statement this week announcing the law’s implementation. “Safe and secure housing is a fundamental right.”
The New Jersey Apartments Association, which represents thousands of landlords, didn’t immediately respond to a request for comment but previously expressed support for the bipartisan legislation.
Williams said in order for the law to be successful, the state needs to work with local advocacy groups to educate landlords, as well as people leaving the prison system, about the new measure.
Landlords can face up to $10,000 fines for failing to comply. Tenants can also file complaints with the state Attorney General's Office by emailing [email protected] or calling 1-866-405-3050.
Tagged
new jersey
housing
ban the box
Karen Yi
Karen Yi covers homelessness and poverty. She joined the WNYC and Gothamist newsroom in 2020. Before that, Karen covered Newark for the Star-Ledger and spent almost a decade working for newspapers in New Jersey and Florida. She grew up in Miami and has a dog named Cashew. Got a tip? Email [email protected] or Signal 917-589-1460.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
High-ranking NYC officials to testify in ex-buildings boss Eric Ulrich's corruption trial
Manhattan prosecutors say Ulrich’s predecessor at the buildings department will testify in the trial against him.
By
David Brand
Published Oct 19, 2026 at 3:47 p.m. ET
Mamdani launches new team to help NYers keep SNAP, Medicaid benefits
Nearly 1 million in the city risk losing benefits as a result of new federal restrictions.
By
Caroline Lewis
News
Mamdani launches new team to help NYers keep SNAP, Medicaid benefits
Nearly 1 million in the city risk losing benefits as a result of new federal restrictions.
By
Caroline Lewis
Riders at 53rd St. station where man was fatally shot say they worry about gun violence
By
Ramsey Khalifeh
These are the NYC neighborhoods that will get free 2-K next fall
By
Karen Yi
Early Addition: Get to know Wanda, the donkey in the Met's 'La Bohème'
By
James Ramsay
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .