Division on Civil Rights Issues 25 Notices of Violation to Housing Providers for Failing to Comply with the Fair Chance in Housing Act

Notices of Violation Issued for Alleged Discrimination at Properties Across 11 Counties in New Jersey

TRENTON – Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued 25 Notices of Violation to housing providers across the state for allegedly violating New Jersey’s Fair Chance in Housing Act (FCHA).

The Notices of Violation allege that the housing providers violated the law by, among other things, asking criminal history-related questions on housing applications that are prohibited by the law, by stating to potential applicants that they would not consider applicants with prior criminal records, or by posting housing advertisements or maintaining housing policies that do not comply with 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.”

With limited exceptions, the FCHA limits a housing provider’s ability to consider an applicant’s criminal history on an initial housing application, in an interview, or in any other way before making an offer. It is also unlawful for a housing provider to publish any advertisement prohibiting applicants with criminal histories from applying for a unit.

The Notices of Violation announced today were served on housing providers located in 15 municipalities across 11 counties: Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Ocean, Passaic, and Union. 

In one apartment complex in Edgewater Park, the rental application stated that each applicant would be subjected to a criminal background check, and any applicant could be “rejected for criminal related reasons,” including “felony conviction,” “any illegal drug related conviction,” and any “misdemeanor conviction involving crime against persons or property.” 

A Princeton apartment complex, meanwhile, stated on its application that an applicant “will be denied” if “you have any felony criminal convictions” or “misdemeanor criminal convictions.”

Several online advertisements for rental properties, including several each on Craigslist, Trulia, and ApartmentFinder.com, used language prohibited by the FCHA, including, “no criminal history,” “no criminal record,” or “no criminal background.”

The Notices of Violation advise the housing providers that DCR believes their actions are in violation of the law and that they may face civil penalties of up to $1,000 for a first offense, up to $5,000 for a second offense, and up to $10,000 for any subsequent offense. Each Notice of Violation includes information packets explaining in detail the FCHA and the obligations of housing providers under the law.

The enforcement actions announced today are the result of investigative work conducted by a dedicated enforcement unit within DCR that focuses on violations of the FCHA and the New Jersey Law Against Discrimination’s (LAD) prohibition against source-of-income discrimination. Since the Fair Chance in Housing Act went into effect in 2022, DCR has brought over 200 enforcement actions against housing providers for allegedly violating the FCHA.