New Jersey Bill Bars Landlords From Investigating Criminal Backgrounds

On Thursday, New Jersey lawmakers approved a landmark bill that bars landlords from asking about criminal convictions on housing applications, marking a major step in a years-long effort to create a system where people’s past mistakes do not perpetually derail them, reports the New York Times. New Jersey’s bill, which sets fines as high as $10,000 and establishes mechanisms for investigating landlords who rely only on criminal background checks to reject would-be renters, is considered the most sweeping of its kind. Offenders who are able to secure stable housing upon release are considered less likely to commit new crimes.

The bill does allow landlords to conduct criminal background checks after granting prospective tenants conditional approvals. But they may no longer factor in most crimes committed long ago, and the so-called look-back window decreases with the severity of the crime. Landlords, for example, may consider first-degree crimes for six years after release from prison when deciding on applicants. But fourth-degree crimes may only be used as a factor for either a year after a person’s release from custody or, if they are not sentenced to jail or prison time, the date of conviction. In denying an applicant, landlords must explain why and offer applicants a chance to present mitigating circumstances. The bill applies only to multifamily apartment buildings with five or more units.