[Second Reprint]

ASSEMBLY, No. 1919

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

Co-Sponsored by:

Assemblywomen Carter, Timberlake, Assemblyman Spearman, Assemblywoman Jasey and Assemblyman Zwicker

 

 

 

 

SYNOPSIS

     “Fair Chance in Housing Act”; establishes certain housing rights of persons with criminal records.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on December 14, 2020, with amendments.

  


An Act concerning the housing rights of persons with criminal records and supplementing 1[P.L.1945, c.169 (C.10:5-1 et seq.)] P.L.1975, c.310 (C.46:8-43 et seq.)1.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  This act shall be known and may be cited as the “Fair Chance in Housing Act.”

 

     2.  As used in this act:

     "Applicant" means any person considered for, who requests to be considered for, or who requests to be considered for tenancy within a rental dwelling unit.

     “Conditional offer” means an offer to rent or lease a rental dwelling unit to an applicant that is contingent on a subsequent inquiry into the applicant’s criminal record, or any other eligibility criteria that the housing provider may lawfully utilize.

     “Criminal record” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, release or conviction, including, but not limited to, any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.

     “Housing provider” means a landlord, an owner, lessor, sublessor, assignee, or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental dwelling unit.

     “Pending criminal accusation” means an existing accusation that an individual has committed a crime, lodged by a law enforcement agency through an indictment, information, complaint, or other formal charge. 

     “Rental dwelling unit” means a dwelling unit offered for rent by a housing provider for residential purposes, other than a dwelling unit in an owner-occupied premises of not more than three dwelling units.

 

     3.  a.  (1)  A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant’s criminal record prior to the provision of a conditional offer.

     (2)   A housing provider shall not make any oral or written inquiry regarding an applicant’s criminal record prior to making a conditional offer.

     1[(3)  An applicant may provide evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.]1

     b.    Notwithstanding the provisions of subsection a. of this section, if an applicant discloses any information regarding the applicant’s criminal record, by voluntary oral or written disclosure, prior to the conditional offer, the housing provider may make inquiries regarding the applicant’s criminal record prior to making the conditional offer.

     c.     Prior to accepting any application fee, a housing provider shall disclose in writing to the applicant:

     (1)   Whether the eligibility criteria of the housing provider include the review and consideration of criminal history; and

     (2)   A statement that the applicant 1[, pursuant to subsection a. of this section,]1 may provide evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

     d.    1[After the issuance of a conditional offer to an applicant, a housing provider may only consider a criminal record in the applicant’s history that:

     (1)  has occurred within the 10 years immediately preceding the issuance of the conditional offer; and

     (2)  consists of a pending criminal accusation or a criminal conviction that, pursuant to subsection b. of N.J.S.2C:52-2, is not eligible for expungement. 

     e.  (1)  A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines, on balance, that the withdrawal achieves a substantial, legitimate, nondiscriminatory interest.

     (2)  The housing provider's determination of a nondiscriminatory interest shall be reasonable in light of the following factors:

     (a)  The nature and severity of the criminal offense;

     (b)  The age of the applicant at the time of the occurrence of the criminal offense;

     (c)  The time which has elapsed since the occurrence of the criminal offense;

     (d)  Any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;

     (e)  The degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and

     (f)  Whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant.

     f.  (1) If a housing provider withdraws a conditional offer, the housing provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the conditional offer and a notice that advises the applicant of the applicant's right to file a complaint with the Attorney General pursuant to section 6 of this act.

     (2)  (a)  The applicant may request, within 20 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records.

     (b)  A housing provider shall provide the information requested under subparagraph (a) of this paragraph, free of charge, within l0 days after receipt of a timely request.

     g.]1  Nothing set forth in this act shall be construed to prohibit a housing provider from requiring an applicant to complete a housing application that includes any inquiries regarding an applicant’s criminal record after 1[the] a1 conditional offer is provided or from making any oral or written inquiries regarding an applicant’s criminal record after the conditional offer is provided.  The provisions of this section shall not preclude a housing provider from 1[refusing to provide housing to an applicant] rescinding a conditional offer1 based upon the applicant’s criminal record, unless the criminal record or relevant portion thereof has been expunged or erased through executive pardon, 1as1 provided 1[that such refusal is consistent with other applicable laws, rules and regulations] in P.L.    , c.   (C.       ) (pending before the Legislature as this bill) or any other relevant federal or State law1.

 

      14.  a.  A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records:

      (1) arrests or charges that have not resulted in a criminal conviction;

      (2) expunged convictions;

      (3) convictions erased through executive pardon;

      (4) vacated and otherwise legally nullified convictions;

      (5) juvenile adjudications of delinquency; 2[and]2

      (6) records that have been sealed 2; and

      (7) records from a different state concerning actions that, if committed in the State, would be decriminalized or legalized, or both, pursuant to P.L.    , c.    (C.       ) (pending before the Legislature as A1897/4269 (ACS) / S2535 of 2020) or P.L.    , c.    (C.       ) (pending before the Legislature as A21 / S21 of 2020)2 .

      b.  After the issuance of a conditional offer to an applicant, a housing provider may only consider a criminal record in the applicant’s history that:

      (1) resulted in a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, or any crime that resulted in lifetime registration in a state sex offender registry;

      (2) is for an indictable offense of the first or second degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within the 10 years immediately preceding the issuance of the conditional offer;

      (3) is for an indictable offense of the third or fourth degree that was issued, or if the conviction resulted in a prison sentence that concluded, within the five years immediately preceding the issuance of the conditional offer; or

      (4) is for a disorderly person’s offense that was issued, or if the conviction resulted in a prison sentence that concluded, within one year immediately preceding the issuance of the conditional offer.

      c.  (1) A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines through reliable evidence that the criminal conduct in question indicates a demonstrable risk to resident safety or property and that, on balance, the withdrawal achieves a substantial, legitimate, and nondiscriminatory interest.

      (2) If a housing provider withdraws a conditional offer, the housing provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the conditional offer and an opportunity to appeal the denial by providing evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

      (3)  The housing provider shall 2[perform] not withdraw a conditional offer unless the housing provider has conducted2 an individualized assessment of the application 2.  An individualized assessment of an application shall be conducted2 in light of the following factors:

      (a) The nature and severity of the criminal offense;

      (b) The age of the applicant at the time of the occurrence of the criminal offense;

      (c) The time which has elapsed since the occurrence of the criminal offense;

      (d) Any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;

      (e) The degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and

      (f) Whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant.

      d.  (1)  The applicant may request, within 20 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records.

     (2) A housing provider shall provide the information requested under subparagraph (a) of this paragraph, free of charge, within l0 days after receipt of a timely request.1

 

     1[4.  Unless otherwise permitted or required by law, a] 5.  a.  A1 housing provider shall not knowingly or purposefully publish, or cause to be published, any housing advertisement that explicitly provides that the housing provider will not consider any applicant who has been arrested or convicted of one or more crimes or offenses 1, except for drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program.

     b.  Unless otherwise required by law, a housing provider shall not:

     (1)  distribute or disseminate an applicant’s criminal record to any person who is not expected to use the criminal record for the purpose of evaluating the applicant in a manner consistent with P.L.   c.    , (C.       ) (pending before the Legislature as this bill); or

     (2)  use an applicant’s criminal record for a purpose that is not consistent with P.L.   c.    , (C.       ) (pending before the Legislature as this bill)1.

 

     1[5.  This act shall not apply:

     a.     If a federal law or regulation requires the housing provider to consider an applicant’s criminal records for residential leasing purposes; or

     b.    If a federal law or regulation otherwise allows for the denial of an applicant due to certain criminal convictions.]1

 

     16.  a.  To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of this act shall be immune from liability in any civil action arising as a result of the landlord’s decision to rent to individuals with a criminal record or who were otherwise convicted of a criminal offense, or as a result of a landlord’s decision to not engage in criminal background screening.

     b.  Notwithstanding the provisions of subsection a. of this section, immunity from liability shall not be conferred upon a landlord who, knowingly or unknowingly, rents an apartment to a person with a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, or any crime that resulted in lifetime registration in a state sex offender registry.1

     1[6.  a.  A person claiming to be aggrieved pursuant to this act may file a complaint or action with the Division on Civil Rights or in the Superior Court of New Jersey alleging a violation of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).

     b.] 7.1  Any housing provider who violates this act shall be liable for a civil penalty in an amount not to exceed 1[$1,000] $1001 for the first violation, 1[$5,000] $5001 for the second violation, and 1[$10,000] $1,0001 for each subsequent violation collectible by the Attorney General in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     1[7.] 8.1  In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the 1[Attorney General] Commissioner of Community Affairs1 may adopt the rules and regulations necessary to effectuate the purposes of this act. 

 

     1[8.] 9.1  This act shall take effect on the first day of the seventh month next following the date of enactment, but the 1[Attorney General] Commissioner of Community Affairs1 may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.