Bergen County Landlords Among 25 Facing Fines For Considering Tenants' Criminal Histories

According to NJ Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR), the notices of violation allege that the housing providers violated the law by, among other things, asking criminal history-related questions on housing applications that are prohibited by the law.

The Notices of Violation announced Monday, Sept. 16 were served on housing providers located in 15 municipalities across Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Ocean, Passaic, and Union counties.

Landlords told potential applicants that they would not consider applicants with prior criminal records, or by posting housing advertisements or maintaining housing policies that do not comply with the FCHA, the AG said.

With limited exceptions, the FCHA limits a housing provider’s ability to consider an applicant’s criminal history on an initial housing application, in an interview, or in any other way before making an offer, the AG's office clarified. It is also illegal for a housing provider to publish any advertisement prohibiting applicants with criminal histories from applying for a unit.

In one apartment complex in Edgewater Park, the rental application said that each applicant would be subjected to a criminal background check, and any applicant 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, meanwhile, stated on its application that an applicant “will be denied” if “you have any felony criminal convictions” or “misdemeanor criminal convictions.”

Several online advertisements for rental properties, including several each on Craigslist, Trulia, and ApartmentFinder.com, used language prohibited by the FCHA, including, “no criminal history,” “no criminal record,” or “no criminal background.”

The Notices of Violation advise the housing providers that DCR believes their actions are in violation of the law and that they 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.

Each Notice of Violation includes information packets explaining in detail the FCHA and the obligations of housing providers under the law.

The enforcement actions are the results of investigative work conducted by a dedicated enforcement unit within DCR that focuses on violations of the FCHA and the New Jersey Law Against Discrimination’s (LAD) prohibition against source-of-income discrimination.

Since the Fair Chance in Housing Act went into effect in 2022, DCR has brought over 200 enforcement actions against housing providers for allegedly violating the FCHA.

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