New Jersey Housing Providers Face Violations for Discriminatory Practices

Division on Civil Rights issues 25 Notices of Violation for violations of the Fair Chance in Housing Act across 11 counties.

NEW JERSEY - Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have announced that 25 Notices of Violation have been issued to housing providers across New Jersey for allegedly violating the state’s Fair Chance in Housing Act (FCHA). The housing providers, operating in 15 municipalities across 11 counties, are accused of discriminatory practices that limit housing opportunities for individuals with criminal histories, in direct violation of the FCHA.

“In New Jersey, a history with the criminal legal system cannot automatically bar you from having fair access to housing. Through the Fair Chance in Housing Act, the Murphy Administration demonstrates its commitment to ensuring that all New Jerseyans have access to housing,” said Attorney General Platkin. “Individuals who have encountered the criminal justice system require stable housing in order to successfully return to their communities. The actions announced today are a testament to our ongoing efforts to ensuring our residents have a fair chance at securing safe and affordable housing.”

“The Fair Chance in Housing Act provides groundbreaking protections against housing discrimination on the basis of prior criminal history,” said Sundeep Iyer, Director of the Division on Civil Rights. “But the law’s protections don’t mean much if they aren’t enforced. That’s why we will continue to work tirelessly to enforce this landmark law.”

The Fair Chance in Housing Act, enacted in 2022, restricts a landlord’s ability to consider an applicant’s criminal history during the housing application process. With few exceptions, it is unlawful for housing providers to ask criminal history-related questions or reject applicants based on criminal records until after a conditional offer of housing has been made. The law also prohibits advertisements or policies that explicitly bar applicants with criminal histories.

The violations involve housing providers from various counties, including Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Ocean, Passaic, and Union. In several instances, rental applications and advertisements blatantly violated the FCHA. At an Edgewater Park complex in Burlington County, a rental application indicated that any applicant with a felony or misdemeanor conviction could be rejected. Similarly, an application from a Princeton apartment complex in Mercer County stated that applicants with any felony or misdemeanor convictions “will be denied.”

Additionally, numerous online advertisements posted on platforms such as Craigslist, Trulia, and ApartmentFinder.com used phrases such as “no criminal history,” “no criminal record,” or “no criminal background,” which are explicitly prohibited by the FCHA.

The housing providers named in the violations may face civil penalties ranging from $1,000 for a first offense to $10,000 for repeated violations. The Division on Civil Rights provided detailed information packets to each violator to clarify the obligations and restrictions under the FCHA.

Since the FCHA went into effect, the Division on Civil Rights has pursued more than 200 enforcement actions against housing providers for alleged violations. A dedicated enforcement unit within DCR continues to monitor compliance with both the FCHA and the New Jersey Law Against Discrimination’s (LAD) prohibition against source-of-income discrimination.

Housing providers found in violation of the law are urged to rectify their practices to avoid future penalties and to ensure compliance with New Jersey's commitment to equitable and fair housing practices.

For more information on the Fair Chance in Housing Act or to file a complaint, individuals can contact the Division on Civil Rights or visit its website.