Statement by NJAA Executive Director David Brogan on A-1919, The Fair Chance in Housing Act

In response to the Assembly Housing Committee releasing A-1919, the Fair Chance in Housing Act on December 7, 2020, New Jersey Apartment Association’s Executive Director, David Brogan, issued the following statement:

Yesterday, the Assembly Housing Committee unanimously released A-1919 (Fair Chance in Housing Act), a bill that was supported by both parties . This bill, which the New Jersey Apartment Association (NJAA) supports, would place New Jersey at the forefront of creating housing opportunities for formerly incarcerated individuals.

The goal of this bill is to balance providing formerly incarcerated individuals with more chances at securing housing following release, while at the same time, maintaining the safety of our communities.  NJAA feels that the amended bill struck that balance. Moreover, if enacted in the form as released from the Assembly Housing Committee, the bill would make New Jersey a leader of such reforms given that only one other state in the country (Colorado) has enacted something similar.  

The Fair Share Housing Center (Fair Share) erroneously criticized any criminal history background checks as being discriminatory.  Ironically, during committee testimony it was unearthed that Fair Share, through their property management and development arm, actually requires criminal history background checks for residents seeking to live in their properties. As such, we would urge the leadership of the Fair Share Housing Center to change their own policies that they themselves characterize as discriminatory.

Furthermore, Fair Share Housing Center urged the Legislature to move this bill into the Law Against Discrimination (LAD) instead of the landlord-tenant laws, which typically cover leasing.  If the provisions of this bill were put into the LAD, some of the state’s strongest legal protections would be given to formerly incarcerated individuals, which are not even given to crime survivors or those who have never committed a crime.  NJAA felt that went too far.

NJAA believes that the Legislature must balance the desire to provide formerly incarcerated individuals with second chances with the safety of all New Jerseyans.  Those who have never committed a crime should have their voices heard in this discussion.  At the same time, people who have committed crimes and paid their debt to society, should not be punished for the rest of their lives for such actions.  That is what A-1919 attempts to accomplish. 

If we can work together on legislation like this, we will not only take a step in the right direction toward creating housing opportunities, but we will do so in a thoughtful, pragmatic, and meaningful way.   

Links where Fair Share Housing Center states applications must submit to a criminal background check as referenced above:

FAQ:

https://fairsharedevelopment.org/residents/faq/

Application (PDF):

https://fairsharedevelopment.org/files/ERLH_Application_Fall_2020.pdf

Application Instructions:

https://fairsharedevelopment.org/residents/apply/