TRENTON, NJ — Acting Attorney General Matthew J. Platkin and the Division on Civil Rights announced Aug. 25 that DCR has issued 30 notices of violation to housing providers around the state for allegedly violating New Jersey’s Fair Chance in Housing Act by asking questions on housing applications that are prohibited by the law, and by posting housing advertisements or maintaining housing policies that do not comply with the statute.
The Fair Chance in Housing Act, which took effect on Jan. 1 of this year, expands opportunities for people with criminal records to find safe, affordable housing. Among other things, the new law bars housing providers from asking about an applicant’s criminal history on an application form or in an interview prior to making the applicant a conditional offer of housing. The law also generally bars housing providers from stating in any housing advertisements that they will not consider housing applicants with a criminal record.
To enforce these prohibitions, DCR has established a new fair housing unit dedicated to investigating and prosecuting violations of the FCHA.
“The Fair Chance in Housing Act, the first state law of its kind in the country, reflects our state’s deep and unwavering commitment to ensuring that every New Jersey resident has a fair chance to find safe, affordable housing,” Platkin said. “The enforcement actions we’re announcing today send a clear message that we will not tolerate violations of this landmark law, and we will continue to actively enforce the critical protections it provides. Make no mistake: If you violate the FCHA, we will hold you accountable.”
“A criminal record can have a devastating, albeit unfair, impact on a person’s ability to find safe and affordable housing. The FCHA offers the promise that a criminal record alone cannot disqualify an applicant from consideration,” DCR Deputy Director Rosemary DiSavino said. “These notices of violation serve to ensure that housing providers are in compliance with and educated about this groundbreaking law.”
Notices of violation announced Aug. 25 identify 30 alleged FCHA violations by housing providers located throughout the state in 14 of New Jersey’s 21 counties, including in Asbury Park, Bayville, Berlin, Bridgeton, Burlington, Carneys Point, Cherry Hill, Cinnaminson, Elizabeth, Florence, Glassboro, Hamilton, Jersey City, Lawrenceville, Little Ferry, Marlton, Metuchen, Midland Park, Newark, Passaic, Princeton, Roebling, Toms River, Trenton, Vineland and Woodbury.
The notices of violation advise recipients that DCR has become aware of a violation, and that the recipients 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.
Accompanying the violation notices are individual assurance of voluntary compliance agreements. By signing those agreements, the recipient providers can resolve the matter by agreeing to certain policy and training terms, and by agreeing to make a payment in lieu of an assessed civil penalty. Also accompanying the violation notices are information packets explaining in detail the FCHA, as well as the obligations of housing providers under the law.
For more information on the FCHA and how to file a complaint with DCR, visit tinyurl.com/3wkb6bk9.
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