Mercer Times

Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have announced enforcement action against Penn Properties, LLC, a Millstone-based property management company. The DCR has issued 19 Notices of Violation to the company for allegedly violating New Jersey’s Fair Chance in Housing Act (FCHA) across 19 different properties throughout the state.

Penn Properties is accused of using a rental application that unlawfully questions prospective renters about their prior criminal history for each of its 19 rental properties. The FCHA prohibits housing providers from asking such questions before making a conditional offer of housing. In most instances, housing providers are not allowed to deny housing to someone based solely on their criminal record.

The FCHA, which went into effect on January 1, 2022, was the first state law in the country providing broad protections against housing discrimination based on prior criminal history. It generally bars housing providers from inquiring about an applicant’s criminal history on an application form or during an interview before making a conditional offer of housing.

“Having stable housing makes it more likely that someone can successfully reintegrate into their community after incarceration. The Fair Chance in Housing Act reflects our state’s commitment to ensuring that people have access to stable housing upon reentry,” said Attorney General Platkin. “We are committed to making affordable, safe housing attainable for all of our residents, regardless of their criminal history. Today’s enforcement actions underscore that commitment.”

Sundeep Iyer, Director of the Division on Civil Rights added: “The Fair Chance in Housing Act is a groundbreaking law that provides critical protections against discrimination on the basis of prior criminal history... That’s why, under Attorney General Platkin’s leadership, we will continue to prioritize enforcement of our nation-leading protections against housing discrimination and to ensure that management companies comply with their obligations under the law.”

The Notices of Violation were related to properties located in four municipalities across Camden, Middlesex, and Union counties. They alleged that Penn Properties's housing application contained unlawful questions about applicants’ criminal histories and prior arrests or charges that may not have resulted in convictions. Additionally, the company required applicants to pay an application fee without providing the necessary disclosures.

The Notices of Violation warn Penn Properties that DCR believes its actions are in violation of the law and that it may face civil penalties of up to $1,000 for a first offense, up to $5,000 for a second offense, and up to $10,000 for any subsequent offense.

These enforcement actions are the result of investigative work conducted by DCR’s Fair Chance in Housing Unit. Since the law went into effect in 2022, DCR has brought over 200 enforcement actions against housing providers for allegedly violating the FCHA.