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N.J. landlords soon won’t be able to automatically deny potential renters with criminal records

Passage of the bill makes N.J. the first to approve statewide legislation to prevent property owners from automatically rejecting potential tenants with criminal records.

The New Jersey State House in Trenton photographed Jan. 14, 2021. It is the capitol building for the state. Law enforcement in both Pennsylvania and New Jersey are bracing for violence following the FBIÕs bulletin Monday warning of demonstrations this weekend through President-elect Joe BidenÕs inauguration. Jared Maples, director of the New Jersey Office of Homeland and Security Preparedness, in a statement tweeted on Wednesday reading, ÒNJOHSP remains firm in its commitment to protect New Jersey from all threats, including those stemming from violent protests at the US Capitol Building last week. We are in constant contact with our federal, State, and local law enforcement partners to monitor the evolving situation surrounding these events and prevent violence of any kind. We are taking proactive steps to halt possible attempts at violence.Ó
The New Jersey State House in Trenton photographed Jan. 14, 2021. It is the capitol building for the state. Law enforcement in both Pennsylvania and New Jersey are bracing for violence following the FBIÕs bulletin Monday warning of demonstrations this weekend through President-elect Joe BidenÕs inauguration. Jared Maples, director of the New Jersey Office of Homeland and Security Preparedness, in a statement tweeted on Wednesday reading, ÒNJOHSP remains firm in its commitment to protect New Jersey from all threats, including those stemming from violent protests at the US Capitol Building last week. We are in constant contact with our federal, State, and local law enforcement partners to monitor the evolving situation surrounding these events and prevent violence of any kind. We are taking proactive steps to halt possible attempts at violence.ÓRead moreTOM GRALISH / Staff Photographer

New Jersey lawmakers on Thursday voted to limit landlords’ use of criminal background checks, making the Garden State Legislature the first to approve statewide legislation to prevent property owners from automatically rejecting potential tenants with criminal records.

Arrests, convictions, and incarceration, which disproportionately touch the lives of Black and Hispanic people in the United States, can prevent renters from finding housing years or decades later. Cities such as Newark, Seattle, and Washington have laws similar to the one New Jersey passed.

The legislation now heads to Gov. Phil Murphy, who has said he will sign it.

»READ MORE: N.J. bill would help people with criminal records find housing

The measure would prevent landlords from considering most types of criminal histories until after they make a conditional offer of housing. One exception is lifelong inclusion on a sex-offender registry. Landlords won’t be able to consider sealed or expunged records, juvenile records, or charges that did not result in conviction.

After making a conditional offer, property owners can consider certain convictions for crimes such as murder, aggravated sexual assault, and arson. The severity of other crimes determines how far back a landlord can look. If landlords rescind an offer after seeing someone’s criminal record, they need to justify that choice.

“This measure will allow those who have paid their debt to society to move forward with their lives in a productive manner,” State Sen. Troy Singleton (D., Burlington), who sponsored the legislation, said in a statement. “Ultimately, having a place to call home provides ex-offenders with a stabilizing platform where they can get back on their feet, maintain employment, avoid homelessness and recidivism, and reconnect with their families.”

The Fair Chance in Housing Act is a housing version of “ban the box” rules that keep employers from automatically dismissing a job candidate because of criminal history.

The New Jersey Apartment Association was neutral on the bills, but president David Brogan said the association believes in second chances. He said recidivism rates will only drop if government gives people with criminal records tools such as job training, financial resources, and proper identification that they need to succeed.

The law won’t apply to owner-occupied properties with a few units.