Mercer Times

TRENTON – Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have joined forces with the Attorneys General of Maryland, Massachusetts, and Pennsylvania to co-lead a multistate comment letter supporting the U.S. Department of Housing and Urban Development’s (HUD) proposed rule aimed at improving access to safe and affordable housing.

The Proposed Rule seeks to reduce criminal history-based barriers to public housing. The letter highlights that many public housing authorities employ restrictive policies that exclude individuals with criminal records from their programs, often in contradiction to federal guidance and established case law. These barriers disproportionately impact Black people and other people of color.

The Attorneys General argue that the Proposed Rule will enhance access to housing while reducing harm to minority home seekers from restrictive barriers, thereby promoting public safety. They also offer suggestions for further enhancing protections against housing discrimination, which are linked to long-standing racial inequities in the criminal legal system.

“Housing instability increases the chance of someone reoffending, but finding safe, decent, and affordable housing is still a difficult and sometimes impossible task for those who may have had a prior interaction with the criminal legal system, no matter how long ago or how minor the infraction may have been,” said Attorney General Platkin. “New Jersey has been a leader in attempting to break this vicious cycle, with the 2021 passage of the Fair Chance in Housing Act, which I am proud to enforce. With this letter, I and other Attorneys General who are leading the way in this area are asking HUD to standardize a fair and balanced approach to this issue across the country.”

“New Jersey has led the country in combating housing discrimination based on prior criminal history. Our experience with the Fair Chance in Housing Act shows that restricting criminal history discrimination can expand housing access and promote public safety,” said Sundeep Iyer, Director of the Division on Civil Rights. “HUD’s proposed rule is an important step towards expanding housing access, and we urge HUD to continue taking steps to ensure that all prospective tenants looking for a safe place to live are evaluated on an individualized basis and do not face discriminatory barriers to housing.”

The letter co-led by Attorney General Platkin explains that the Proposed Rule serves several important purposes: it helps HUD follow its legal mandate under the federal Fair Housing Act (FHA), aligns with states’ efforts to advance fair housing and combat discrimination, and addresses longstanding racial injustice and housing insecurity.

Evidence indicates that restrictive policies used by many public housing authorities (PHAs) do little to further legitimate interests such as public safety; instead, they may be counterproductive since increasing access to fair housing builds strong communities and reduces recidivism.

Based on their experiences, states offer several suggestions:

- Establishing a reasonable lookback period for tenant screening processes.

- Restricting use of arrest records as they do not always lead to charges or convictions.

- Requiring individualized assessments in eligibility decisions.

- Prohibiting denials based solely on non-disclosure of prior criminal history.

The comment letter notes three statutory exclusions must be enforced when considering renting or eviction decisions: convictions for methamphetamine production in public housing, evictions for drug-related criminal activity, and lifetime registration on a state sex offender registry. All other offenses fall within HUD’s rulemaking authority.

Attorney General Platkin was joined by Maryland Attorney General Anthony Brown, Massachusetts Attorney General Andrea Campbell, Pennsylvania Attorney General Michelle Henry, as well as Attorneys General from Colorado, Delaware, District of Columbia, Illinois, Maine, Minnesota, Nevada New York Oregon Vermont

This matter was handled by Assistant Section Chief Andrew Yang Deputy Attorney Ashleigh B Shelton under supervision Section Chief Jessica Palmer Special Litigation Section within Division Law Affirmative Civil Enforcement Practice Group

The New Jersey Division on Civil Rights enforces various state laws against discrimination works prevent eliminate remedy bias-based harassment employment places public accommodation throughout New Jersey To find out more information go