SENATE, No. 56

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator O’CONNOR

An Act authorizing criminal history record background check of public housing applicant and supplementing P.L.1992, c.79 (C.40A:12A-1 et seq.).

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

    1. a. The municipality, county, redevelopment agency or housing authority shall be an authorized agency to request a criminal history record background check of an individual applying for public or publicly assisted housing, and shall be authorized to receive criminal history record information from the Federal Bureau of Investigation, the Division of State Police and local law enforcement agencies.

    b. The criminal history record background check shall be performed only upon receipt of the applicant's written consent to conduct the background check. The requesting municipality, county, redevelopment agency or housing authority shall coordinate the criminal history record background check with the Division of State Police or the appropriate local law enforcement agency.

    c. The requesting agency shall pay the standard fee for conducting the criminal history record background checks.

    2. This act shall take effect on the 30th day after enactment.

STATEMENT

    This bill authorizes municipalities, counties, redevelopment agencies and housing authorities to receive criminal history record background information for individuals applying for tenancy in public or publicly assisted housing. The housing agencies would have access to federal, State and local criminal records. Selection criteria for public housing applicants at the federal level is established to determine whether tenants would be likely to interfere with the enjoyment of the premises by other tenants by adversly affecting their health, safety or welfare, or whether they would adversly affect the physical environment or the financial stability of the premises. Included in the selection criteria is a history of criminal activity involving crimes of physical violence and other criminal activity which would adversly affect the health, safety or welfare of other tenants. This bill would allow access to such information by local housing agencies. Access to criminal history information is currently allowed for other noncriminal purposes such as licensing and employment.

    The current fee required for a State Police record check is $25, and for a federal check, $24. The bill requires the requesting housing authority to pay the fees for the criminal history record background checks they request.

Authorizes criminal background check of public housing applicant.