New Jersey AG Cracking Down on Landlords who ask about Criminal Histories

New Jersey AG Cracking Down on Landlords who ask about Criminal Histories

Attorney · Princeton, NJ · Member since 2021 · 39 posts · 15 votes

It's illegal to ask prospective tenants about criminal histories now in NJ:



New Jersey AG’s Office accuses dozens of landlords of discrimination based on criminal record (news12.com)

I think this is completely insane but the Attorney General is starting to enforce it. So, if you rent in NJ, make sure to take that question off your application. 

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Property Manager · Phoenix, AZ · Member since 2023 · 101 posts · 77 votes
3y

Gonna be honest, that's one heck of a clickbaity headline. Taking a look at the actual source, the FCHA website just says you can't discriminate against people who haven't been convicted. I mean okay, so the 5th Amendment still applies in New Jersey. 

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  • Property Manager · Phoenix, AZ · Member since 2023 · 101 posts · 77 votes
    3y

    Gonna be honest, that's one heck of a clickbaity headline. Taking a look at the actual source, the FCHA website just says you can't discriminate against people who haven't been convicted. I mean okay, so the 5th Amendment still applies in New Jersey. 

  • Investor · Tampa, FL · Member since 2019 · 1k+ posts · 1k+ votes
    3y

    I just read some articles and turns out that landlords cannot deny a tenant based solely on their criminal history during the pre-rental inquiry process. However, they can inquire about the tenant's criminal history and run a background check before making a final decision, and if they do deny the tenant based on their criminal history, they must provide a legitimate business reason (such as a concern for the safety of other tenants or property) and comply with fair housing laws.

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    3y

    So you cant discriminate against criminals with good credit, a good job paying 3x rent, and a good landlord reference? That’s really going to eliminate a lot of applicants. Let me guess they still get sued if they let a pedophile rent next to a house with kids and something happens?

    Ps. I wonder if you can require a drug test? Or are drug users a protected class?

  • Rental Property Investor · Burlington County, NJ · Member since 2019 · 540 posts · 771 votes
    3y

    I've weighed in on the broader policy issue previously here: 
    California is at it again. (biggerpockets.com)

    Since this became the law in NJ last year, we've adjusted, as did, it appears, the other investors in my local market. Specifically, our rental portal, Rentler, no longer checks for a criminal record. More specifically, our tenant review criteria continues to reflect high expectations for our prospective tenants. We consistently follow our criteria with a "if in doubt, keep looking" approach.

    For those outside NJ looking to invest here, I'd imagine other markets without this requirement would be more attractive. This said, there are still good risk-adjusted returns to be had in NJ. Best wishes.

  • Member since 2022 · 13 posts · 1 vote
    3y

    Seattle adopted this a few years ago. It’s ridiculous. With recidivism rates at around 50% criminal history is absolutely predictive of risk. There’s been some successful lawsuits were tenants sued the landlord for bringing in sex offenders to a multi family dwelling. I think most citizens don’t realize that this has passed and that landlords will have to bring more criminals into their buildings. I’m sure if there was more awareness there’d be a public backlash. 

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