Mercer Times

Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued 25 Notices of Violation to housing providers across New Jersey for allegedly violating the state's Fair Chance in Housing Act (FCHA).

The Notices of Violation claim that the housing providers breached the law by asking criminal history-related questions on housing applications, stating they would not consider applicants with prior criminal records, or posting advertisements or maintaining policies that do not comply with the FCHA.

"In New Jersey, a history with the criminal legal system cannot automatically bar you from having fair access to housing. Through the Fair Chance in Housing Act, the Murphy Administration demonstrates its commitment to ensuring that all New Jerseyans have access to housing," said Attorney General Platkin. "Individuals who have encountered the criminal justice system require stable housing in order to successfully return to their communities. The actions announced today are a testament to our ongoing efforts to ensure our residents have a fair chance at securing safe and affordable housing."

"The Fair Chance in Housing Act provides groundbreaking protections against housing discrimination on the basis of prior criminal history," said Sundeep Iyer, Director of the Division on Civil Rights. "But the law’s protections don’t mean much if they aren’t enforced. That’s why we will continue to work tirelessly to enforce this landmark law."

With limited exceptions, the FCHA restricts a housing provider's ability to consider an applicant's criminal history during initial applications, interviews, or any other stage before making an offer. It is also unlawful for a housing provider to publish advertisements prohibiting applicants with criminal histories from applying.

The Notices of Violation were served on housing providers located in 15 municipalities across 11 counties: Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Ocean, Passaic, and Union.

In one instance at an apartment complex in Edgewater Park, rental applications stated each applicant would be subjected to a criminal background check and could be "rejected for criminal related reasons," including "felony conviction," "any illegal drug-related conviction," and any "misdemeanor conviction involving crime against persons or property."

A Princeton apartment complex stated on its application that an applicant "will be denied" if they had any felony or misdemeanor convictions.

Several online advertisements for rental properties used language prohibited by FCHA such as “no criminal history,” “no criminal record,” or “no criminal background.”

The Notices of Violation inform housing providers that DCR believes their actions violate the law and that they may face civil penalties up to $1,000 for a first offense, up to $5,000 for a second offense, and up to $10,000 for subsequent offenses. Each notice includes information packets detailing FCHA obligations.

These enforcement actions result from investigative work by a dedicated unit within DCR focusing on violations of FCHA and source-of-income discrimination under New Jersey Law Against Discrimination (LAD). Since FCHA took effect in 2022, DCR has initiated over 200 enforcement actions against non-compliant housing providers.

For more information on FCHA and filing complaints with DCR:

DCR is responsible for preventing discrimination and bias-based harassment in employment, housing, and public accommodations by enforcing FCHA, LAD and New Jersey Family Leave Act.