Bill > A5711

Introduced Session

This bill establishes the "Fair Chance in Housing Act," and provides certain housing rights of persons with criminal records. This bill would restrict a housing provider from requiring a housing applicant to complete any housing application that includes any inquiries regarding the applicant's criminal records prior to the provision of a conditional offer. The bill does not apply to dwelling units that consist of owner-occupied premises of not more than three dwelling units, and defines a "housing provider" as a landlord, owner, lessor, sublessor, assignee, or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any residential dwelling unit. The bill defines a conditional offer as an offer to rent or lease a dwelling unit to an applicant that is contingent on a subsequent inquiry into the applicant's criminal records, or any other eligibility criteria that may be lawfully utilized. Prior to accepting any application fee, the bill requires a housing provider to disclose, in writing, whether or not the eligibility criteria includes the review and consideration of criminal history, and supply the applicant with a statement that the applicant may provide evidence demonstrating inaccuracies within a criminal record or evidence of rehabilitation or other mitigating factors. After the issuance of a conditional offer, the bill only would allow a housing provider to consider a criminal record in an applicant's history that: (1) has occurred within the last 10 years; and (2) consists of a pending criminal accusation or a non-expungable criminal conviction. The bill allows a housing provider to withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines, on balance, that the withdrawal achieves a substantial, legitimate, nondiscriminatory interest. The bill requires the housing provider's determination of a nondiscriminatory interest shall be reasonable in light of the following: (1) The nature and severity of the offense; (2) The age of the applicant at the time of the offense; (3) The time elapsed since the offense; (4) Any information produced regarding rehabilitation and good conduct since the occurrence of the offense; (5) The degree to which the offense, if it reoccurred, would negatively impact the safety of other tenants or property; and (6) Whether the offense occurred on or was connected to property that was rented or leased by the applicant. If a housing provider withdraws a conditional offer, the bill requires the housing provider to provide the applicant with written notification that includes the reason for the withdrawal and a notice that advises the applicant of the right to file a complaint with the Attorney General. The bill allows the applicant to request, within 20 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information relied on in considering the applicant, including criminal records. The bill requires the housing provider to provide this information free of charge, within l0 days after receipt of a timely request. The bill would not prohibit the housing provider from inquiring into the applicant's criminal record prior to making the conditional offer, if the applicant first discloses any information regarding the applicant's criminal records, by voluntary oral or written disclosure. The bill would not prohibit a housing provider from requiring an applicant to complete a housing application that inquires into the applicant's criminal records after the conditional offer is provided or from making other inquiries into those records at that time. The bill would not preclude a housing provider from refusing to provide housing to an applicant based upon the applicant's criminal records, unless the criminal records or relevant portions thereof have been expunged or erased through executive pardon. Unless otherwise permitted or required by law, the bill prohibits a housing provider from knowingly or purposefully publishing, or causing to be published, any housing advertisement that explicitly provides that the housing provider will not consider any applicant who has been arrested or convicted of one or more crimes or offenses. The bill would not apply if a federal law or regulation requires the housing provider to consider an applicant's criminal records for the purposes of leasing a residential dwelling unit, or if a federal law regulation otherwise allows for the denial of an applicant due to certain criminal convictions. The bill allows a person claiming to be aggrieved to file a complaint or action with the Division on Civil Rights or in the Superior Court of New Jersey alleging a violation of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.). The bill would make any housing provider in violation of its provisions liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation collectible by the Attorney General in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The bill would take effect on the first day of the seventh month next following the date of enactment.

AI Summary

Committee Categories

Verlina Reynolds-Jackson (D)*,  Benjie Wimberly (D)*,  Linda Carter (D), 

Introduced, Referred to Assembly Housing and Community Development Committee (on 08/23/2019)

Official Document