South Jersey landlords are accused of violating a new state housing discrimination law

Top New Jersey prosecutors have accused landlords in South Jersey and across the state of violating a new law meant to help people with criminal records find housing and to eliminate policies that disproportionately harm Black renters.

The state Office of the Attorney General announced Thursday that it has issued 30 notices of violations of the Fair Chance in Housing Act. The state law, the first of its kind in the country according to New Jersey officials, took effect Jan. 1 and prohibits housing providers from asking about applicants’ criminal histories before making conditional offers of housing.

Arrests and convictions can prevent people from being able to rent homes years or decades later and can lock them out of stable housing. In most cases, the state law prohibits landlords from disqualifying tenants solely because they have criminal records. Black and Hispanic people are disproportionately arrested, convicted, and incarcerated in the United States, so they are harmed the most by housing policies that exclude people with criminal records.

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Housing providers in Burlington, Camden, and Gloucester Counties — including in Berlin, Cherry Hill, Cinnaminson, Florence, Glassboro and Marlton — are among those who were sent violation notices, according to the Attorney General’s Office. The notices accuse the landlords of either asking a banned question on an application form or including banned criteria in housing advertisements.

“The enforcement actions we’re announcing today send a clear message that we will not tolerate violations of this landmark law, and we will continue to actively enforce the critical protections it provides,” Acting Attorney General Matthew J. Platkin said in a statement. “Make no mistake: If you violate the FCHA, we will hold you accountable.”

The notices tell landlords that the office believes they are violating the law and that they face civil fines of up to $1,000 for a first offense and thousands of dollars more for subsequent offenses. Along with the violations, the landlords received informational packets about the law and agreements they can sign to resolve violations.

The office’s Division on Civil Rights created a fair housing unit specifically to investigate and prosecute violations of this law. In March, the office announced it was taking action against landlords across the state who had posted discriminatory advertisements.

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Rosemary DiSavino, deputy director of the Division on Civil Rights, said criminal records can have a “devastating” and “unfair” impact on people’s ability to find safe housing they can afford. The notices, she said in a statement, “serve to ensure that housing providers are in compliance with and educated about this groundbreaking law.”

The law is meant to encourage landlords to assess each rental applicant individually, taking into account factors such as the severity of a crime and how long ago it occurred.

After a landlord extends a conditional offer of housing to an applicant, the rental property owner can withdraw that offer because of criminal history only in specific circumstances. If an offer is withdrawn, the landlord must provide written explanations and give renters a chance to dispute or explain their records.

Landlords cannot consider charges that did not result in criminal convictions, convictions that have been expunged or nullified, sealed records, or juvenile records.

Alex Staropoli, director of advocacy and communications at the Fair Share Housing Center, an advocacy nonprofit based in Cherry Hill, said the state law is a national model, and enforcement makes the law a reality. With continued education and outreach, she said in a statement, the law “can begin to transform access to housing in New Jersey.”

“Today’s announcement by the Office of the Attorney General sends a clear message to housing providers throughout New Jersey that discrimination against individuals with prior criminal legal system involvement will not be tolerated,” she said.