NJ Fair Chance in Housing Act rules stop most New Jersey landlords from asking about your record too early. If your letter cites N.J.S.A. 46:8-52, the landlord must make you a conditional offer before checking. Under the NJ Fair Chance in Housing Act, you then get 10 days to challenge or explain any record they find.
What NJ Fair Chance in Housing Act Actually Says
The law is found at N.J.S.A. 46:8-52 et seq. It works in two steps. First, the landlord judges you on everything else, like income and rental history. Second, only after a conditional offer can they look at your criminal record.
The NJ Fair Chance in Housing Act also limits what counts. For example, a 1st degree conviction counts only for 6 years. That clock runs from the conviction or your release from prison for it. A 4th degree conviction counts for just 1 year. In most cases, arrests that did not lead to a conviction, expunged records, and juvenile records are off the table.
However, a few serious crimes can be considered with no time limit. These include murder, kidnapping, arson, human trafficking, and certain sex offenses. A landlord can also consider lifetime sex offender registration. The full list is on the NJ Division on Civil Rights Fair Chance page. Under the NJ Fair Chance in Housing Act, a record on that list still does not mean an automatic denial.
| Provision | Exact rule | Section |
|---|---|---|
| Before a conditional offer | No criminal history questions on applications, in interviews, or in ads | N.J.S.A. 46:8-52 et seq. |
| 1st degree offense | Counts only if convicted or released from prison in the past 6 years | N.J.S.A. 46:8-52 et seq. |
| 2nd or 3rd degree offense | Counts only if convicted or released from prison in the past 4 years | N.J.S.A. 46:8-52 et seq. |
| 4th degree offense | Counts only if convicted or released from prison in the past 1 year | N.J.S.A. 46:8-52 et seq. |
| Listed serious crimes | No time limit (murder, kidnapping, arson, human trafficking, certain sex offenses, lifetime registry) | N.J.S.A. 46:8-52 et seq. |
| Your response window | 10 days after you receive the disclosure statement | N.J.S.A. 46:8-52 et seq. |
| Landlord penalties | Up to $1,000 (1st violation), $5,000 (2nd), $10,000 (each after that) | N.J.S.A. 46:8-52 et seq. |
Who NJ Fair Chance in Housing Act Covers (and Who It Does Not)
The NJ Fair Chance in Housing Act covers most rental homes in New Jersey. It applies to apartment complexes, rented houses, and units run by property managers. As a result, most renters with a record are protected when they apply.
However, there is one key exemption. The law does not cover an owner-occupied building with 4 or fewer units. For example, if the owner lives in one side of a two-family house, the law typically does not apply. You still have other fair housing protections. The NJ Fair Chance in Housing Act also allows a narrow exception for federally assisted housing. It covers meth manufacturing on the property.
Some cities may add more rules. For example, Newark has had its own fair chance housing ordinance. Local rules can change, so check with your city clerk or a local legal-aid office. You can also find state renter resources on the NJ Department of Community Affairs landlord-tenant page.
What Your Landlord Must Do Under This Law
First, the landlord must decide on everything else before looking at your record. Then they make a conditional offer. Under the NJ Fair Chance in Housing Act, only then can they run a criminal background check.
Before the landlord uses your record, they must give you a disclosure statement. It must tell you that your record is part of the decision. It must also say that you can respond. You can point out mistakes in the record. You can also show proof of rehabilitation and good conduct since the offense.
The landlord must then do an individual review. Typically, that means weighing how serious the offense was and how long ago it happened. It also means weighing your age at the time and your proof of rehabilitation. The NJ Fair Chance in Housing Act does not allow blanket bans. If the landlord withdraws the offer, they must give you a written Notice of Withdrawal. It must list the specific reasons and tell you about your right to appeal.
Under the NJ Fair Chance in Housing Act, a landlord who skips these steps may be breaking the law.
What You Can Do When It Is Broken
If a landlord asks about your record too early, save the proof. For example, keep a screenshot of the application or ad. Also save emails, texts, and the Notice of Withdrawal. Write down names, dates, and what was said.
You may file a complaint with the NJ Division on Civil Rights. You may also file a case in the Superior Court of New Jersey. Violations of the NJ Fair Chance in Housing Act are treated as violations of the Law Against Discrimination. Filing deadlines apply, so confirm the current time limit with the Division on Civil Rights right away.
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The Attorney General can also seek civil penalties. A landlord can face up to $1,000 for a first violation. The limit is $5,000 for a second violation and $10,000 for each later one. However, results are never guaranteed. If you are facing a denial or eviction, contact a local legal-aid office or tenant attorney quickly. Many tenants find the NJ Fair Chance in Housing Act gives them a real second chance when they speak up early.
Frequently Asked Questions
Can a New Jersey landlord ask about my record on the rental application?
In most cases, no. The NJ Fair Chance in Housing Act bars these questions before a conditional offer. The main exception is an owner-occupied building with 4 or fewer units.
What if my record is older than the lookback period?
Then the landlord typically cannot use it. For example, a 2nd or 3rd degree offense counts for only 4 years after conviction or release. The listed serious crimes are the exception, since they have no time limit.
What should I do if my conditional offer was withdrawn?
Check that you got a written Notice of Withdrawal with specific reasons. If the landlord skipped a step, the NJ Fair Chance in Housing Act may give you grounds for a complaint. Contact the Division on Civil Rights or a local legal-aid office for help.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New Jersey Renter Guides
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.