The NJ Fair Chance in Housing Act: Criminal History and Rental Applications
The short answer: Under New Jersey's Fair Chance in Housing Act, a landlord, or an agent acting for one, can't ask about a rental applicant's criminal record until after making a conditional offer. That covers the application form and any oral question (N.J.S.A. 46:8-55). Before an offer, the only exceptions are a conviction for making methamphetamine on federally assisted housing premises and lifetime sex-offender registration. After an offer, only certain convictions within set lookback periods count. Withdrawing the offer takes an individualized assessment and a written notice (N.J.S.A. 46:8-56). The Division on Civil Rights (DCR) enforces the law (DCR).
This is general information, not legal advice. If you have a specific screening question, ask an attorney or contact DCR. (Asking about your own record and a real estate license? That's a different law; see getting licensed with a criminal record.)
Who has to follow the Fair Chance in Housing Act?
The act applies to "housing providers." That means a landlord, owner, lessor, sublessor or assignee, "or their agent," plus anyone entitled to receive rent for a rental unit (N.J.S.A. 46:8-54). So if you're a leasing agent or property manager taking applications, these rules are yours too. (If you're doing that work for others for a fee, see whether you need a license to be a leasing agent.)
It covers rentals only, and a "rental dwelling unit" excludes a unit in an owner-occupied building with no more than four units (N.J.S.A. 46:8-54). For example, an owner who lives in one half of a two-family house and rents the other half falls outside the act.
What can a landlord ask before making an offer?
Almost nothing about criminal history. A housing provider can't use an application that asks about criminal records, and can't ask orally or in writing, before a conditional offer. The two exceptions are a methamphetamine-production conviction on federally assisted housing premises and lifetime sex-offender registration (N.J.A.C. 13:5-1.4).
There's also a step before you take an application fee. The provider must tell the applicant in writing whether its criteria include criminal history, and that the applicant may offer evidence of inaccuracies, rehabilitation or other mitigating factors (N.J.S.A. 46:8-55(b)). DCR publishes a Model Disclosure Statement. The disclosure must be a standalone document in at least 12-point type, with an acknowledgment that the applicant received it. Giving a completed, signed copy of DCR's model form satisfies the rule (N.J.A.C. 13:5-1.5).
A "conditional offer" is an offer to rent that depends on a later look at the applicant's criminal record or other lawful eligibility criteria (N.J.S.A. 46:8-54).
Which records can never be considered?
Before or after an offer, a housing provider can't evaluate an applicant based on (N.J.S.A. 46:8-56(a)):
- arrests or charges that didn't lead to a conviction
- expunged convictions
- convictions erased by executive pardon
- vacated or otherwise legally nullified convictions
- juvenile adjudications of delinquency
- sealed records
DCR says this applies whether the information comes from the applicant or from a screening company (DCR).
What can be considered after a conditional offer?
Only these records (N.J.S.A. 46:8-56(b)):
| Conviction | How far back it can count |
|---|---|
| Murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault (N.J.S.2C:14-2), the child-endangerment offense in N.J.S.2C:24-4(b)(3), or any crime that resulted in lifetime sex-offender registration | The act sets no time limit |
| First-degree indictable offense | 6 years |
| Second- or third-degree indictable offense | 4 years |
| Fourth-degree indictable offense | 1 year |
The clock runs from the conviction or, if there was a prison sentence, from the end of that sentence, back from the date of the conditional offer. DCR's rule adds equivalent offenses under federal law or another state's law (N.J.A.C. 13:5-1.8(b)).
Screening companies. If a vendor runs the check, the provider must take reasonable steps to make sure the check follows the act. If the report shows a record that can't be considered, the provider has to show it didn't rely on it (N.J.A.C. 13:5-1.8(c)).
How does withdrawing a conditional offer work?
A listed record isn't an automatic denial. The provider may withdraw the offer only if it shows, by a preponderance of the evidence, that withdrawal is necessary to fulfill a "substantial, legitimate, and nondiscriminatory interest" (N.J.S.A. 46:8-56(c)).
The process:
- Individualized assessment of six factors: the nature and severity of the offense; the applicant's age at the time; how much time has passed; evidence of rehabilitation and good conduct; how much a repeat would affect other tenants' safety or the property; and whether the offense happened on, or was connected to, rented property.
- Written notice with the specific reasons and a chance to appeal with evidence. DCR has a Model Notice of Withdrawal.
- Records on request. Within 30 days of the notice, the applicant can ask for everything the provider relied on. The provider must send it free within 10 days (N.J.S.A. 46:8-56(d)).
- Appeal decision. DCR says the provider must consider new information and give a determination within 30 days (DCR).
What else does the act prohibit?
- Ads that say the provider won't consider anyone with an arrest or conviction, apart from the two exceptions (N.J.S.A. 46:8-58; N.J.A.C. 13:5-1.11). Our guide to fair housing advertising covers other words to avoid.
- Drug or alcohol tests, or asking for consent to get records from a drug treatment facility (N.J.S.A. 46:8-60).
- Sharing an applicant's record with anyone who isn't using it to evaluate the application under the act (N.J.S.A. 46:8-58(c)).
- Retaliation against anyone exercising their rights (N.J.S.A. 46:8-61).
Covered landlords are also immune from civil suits over a decision to rent to someone with a criminal record, or not to run a check (N.J.S.A. 46:8-59).
What happens if a landlord or agent violates it?
Complaints go to DCR, not to court (N.J.S.A. 46:8-63(a)). An applicant must file within 180 days of the violation (N.J.A.C. 13:5-2.1). DCR first offers the provider a chance to mediate and fix the problem within 14 days, and there's no penalty if it's resolved that way.
If a complaint is substantiated, penalties are up to $1,000 for a first violation, up to $5,000 with one other violation in five years, and up to $10,000 with two or more in seven years. DCR can also order the provider to stop, to return the application fee, or to pay the applicant up to $1,000 of the penalty (N.J.S.A. 46:8-63). Rights under the Law Against Discrimination still apply separately.
What should a leasing agent do in practice?
Our suggestions:
- Get the landlord's screening criteria in writing, and take criminal history questions off the application.
- Hand out the disclosure before collecting any application fee.
- Ask your screening vendor whether its NJ reports filter out records the act bars.
- Document each assessment and use DCR's model notice.
- Send legal questions to your broker and the landlord's attorney.
Fair housing is a required topic in NJ pre-licensing education (N.J.A.C. 11:5-2.1(f), as amended Jan 20, 2026). Business Elementary's 75-hour course is one place to learn it.
Sources
- P.L.2021, c.110, Fair Chance in Housing Act (N.J.S.A. 46:8-52 to -64), approved June 18, 2021: https://pub.njleg.state.nj.us/Bills/2020/PL21/110_.PDF
- N.J.A.C. 13:5 (DCR rules, effective Jan 3, 2022), via Cornell LII: 13:5-1.4 https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-5-1-4 ; 13:5-1.5 https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-5-1-5 ; 13:5-1.8 https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-5-1-8 ; 13:5-1.9 https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-5-1-9 ; 13:5-1.11 https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-5-1-11 ; 13:5-2.1 https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-5-2-1
- NJ Division on Civil Rights, Fair Chance in Housing Act: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/fair-chance-in-housing-act/
- DCR Model Disclosure Statement: https://www.njoag.gov/wp-content/uploads/2021/12/Model-Disclosure-Statement_12.14.21.pdf
- DCR Model Notice of Withdrawal: https://www.njoag.gov/wp-content/uploads/2021/12/Model-Notice-of-Withdrawal_12.15.21.pdf
Last reviewed: November 1, 2026
Frequently Asked Questions
Does the Fair Chance in Housing Act apply to home sales?
No. It covers rental dwelling units, and it excludes units in owner-occupied buildings with four or fewer units (N.J.S.A. 46:8-54).
Can a landlord check whether an applicant is on the sex-offender registry?
Yes, for lifetime registration. Whether an applicant is subject to a lifetime registration requirement is one of the two things a provider may consider before a conditional offer (N.J.S.A. 46:8-55(a)).
Can a landlord use a background screening company?
Yes, but the landlord must take reasonable steps to make sure the vendor's check follows the act, and is responsible if it doesn't (N.J.A.C. 13:5-1.8(c)).
Can a landlord turn someone down over an arrest that didn't lead to a conviction?
No. Arrests or charges that didn't result in a conviction can't be considered at any stage, before or after a conditional offer (N.J.S.A. 46:8-56(a)).
Can a landlord still screen for other things, like income?
The act addresses criminal history. A conditional offer can also depend on other lawful eligibility criteria (N.J.S.A. 46:8-54), but other laws still apply. For example, the LAD limits income standards for applicants who pay rent with vouchers or other lawful income (see our LAD guide).