Can a New Jersey Landlord Run a Background Check Before You View or Apply for a Rental?

If you are searching for a rental home or apartment in New Jersey, you may be asked to complete an application, provide proof of income, consent to a credit check, or undergo other forms of tenant screening.

But what about a criminal background check?

Can a New Jersey landlord check your criminal history before allowing you to view a property? Can a landlord ask whether you have ever been arrested or convicted of a crime before considering your rental application?

In many cases, the answer is no.

New Jersey has specific protections for rental applicants under the Fair Chance in Housing Act, commonly referred to as the FCHA. The law places restrictions on when landlords and other housing providers can ask about or investigate an applicant's criminal history.

Understanding these rules is important for New Jersey renters, landlords, property managers, and real estate professionals.

What Is the New Jersey Fair Chance in Housing Act?

The New Jersey Fair Chance in Housing Act is a state law designed to help prevent housing discrimination against individuals with criminal records.

The law took effect on January 1, 2022. New Jersey became the first state in the country to enact a statewide law restricting housing providers from considering an applicant's criminal history before making a conditional offer of housing.

The basic concept behind the law is relatively simple:

A prospective tenant should generally be evaluated on other rental qualifications before their criminal history is considered.

Those qualifications may include factors such as income, employment, credit history, rental history, references, and the applicant's ability to meet the landlord's other lawful rental requirements.

Can a New Jersey Landlord Run a Criminal Background Check Before Approving Your Application?

Generally, no.

Under the New Jersey Fair Chance in Housing Act, a housing provider that chooses to consider criminal history must generally wait until after making a conditional offer of housing before conducting a criminal background check or asking about an applicant's criminal record.

This means the landlord or housing provider should first evaluate the applicant using other lawful rental criteria.

If the applicant meets those qualifications, the housing provider may make a conditional offer of housing.

Only after that point may the housing provider generally proceed with the criminal history portion of the screening process, subject to the requirements and limitations of New Jersey law.

What Is a Conditional Offer of Housing?

A conditional offer of housing means that a housing provider has approved an applicant based on the landlord's lawful screening criteria other than criminal history.

For example, a landlord may review factors such as:

• Income and ability to pay the rent
• Employment verification
• Credit history
• Rental history
• References
• Other lawful financial or tenancy qualifications

If the applicant meets the landlord's requirements, the landlord may issue a conditional offer.

The offer may then be conditioned on the results of a legally permissible criminal history review.

What About Credit Checks?

This is where renters and landlords sometimes become confused.

A credit check and a criminal background check are not the same thing.

The New Jersey Fair Chance in Housing Act specifically regulates the use of criminal history information in housing decisions.

The law does not generally prohibit a landlord from evaluating an applicant's credit, income, employment, rental history, or other lawful financial qualifications before making a conditional offer of housing.

Therefore, if a landlord asks a prospective tenant to complete a credit check or financial screening before approving a rental application, that request is not automatically a violation of the Fair Chance in Housing Act.

The important question is whether the screening includes a criminal history inquiry or criminal background check.

Can a Landlord Require a Credit Check Before You Even View the Property?

The Fair Chance in Housing Act does not specifically prohibit a landlord from requesting financial or credit information before scheduling a property showing.

However, prospective tenants should always exercise caution before providing sensitive personal information or paying application fees for a property they have never seen.

Before providing a Social Security number, paying an application fee, or submitting sensitive financial information, renters may want to verify that:

• The property is actually available for rent.
• The person advertising the property has the authority to rent it.
• The landlord, property manager, or real estate professional is legitimate.
• The application process and any associated fees are clearly explained.

Rental scams are common, particularly on social media and online classified advertising websites.

A request for financial information before a showing is not necessarily illegal, but prospective tenants should understand exactly what information is being requested and how it will be used.

Can a Real Estate Agent Run the Criminal Background Check Instead?

Using a real estate agent, brokerage, property manager, or other third party does not allow a housing provider to avoid the requirements of the Fair Chance in Housing Act.

The law applies broadly to housing providers and their agents.

A landlord generally cannot instruct a real estate professional or other representative to conduct a criminal history inquiry at a point in the application process when the landlord would be prohibited from doing so directly.

Real estate professionals involved in New Jersey rental transactions should understand the Fair Chance in Housing Act and ensure that their rental screening procedures comply with state law.

How Must Housing Providers Consider Criminal History?

When considering legally permissible criminal history information, the housing provider may be required to conduct an individualized assessment.

Factors considered under the law may include circumstances such as:

• The nature and severity of the offense
• The applicant's age when the offense occurred
• How much time has passed since the offense
• Information regarding rehabilitation
• The applicant's rental history
• Whether the offense affects a substantial, legitimate, and nondiscriminatory interest of the housing provider

The Fair Chance in Housing Act establishes procedures that housing providers must follow when criminal history information affects a housing decision.

What Should New Jersey Renters Know Before Applying for a Rental?

If you are looking for a rental property in New Jersey, you should expect a landlord to have legitimate screening requirements.

Depending on the property and landlord, these requirements may include proof of income, employment verification, references, rental history, and a credit check.

However, criminal history screening is subject to additional restrictions under New Jersey law.

Are There Exceptions to the Law?

Yes.

The Fair Chance in Housing Act contains certain exceptions and special circumstances.

For example, limited inquiries may be permitted regarding certain federally assisted housing-related methamphetamine convictions and lifetime registration requirements on a state sex offender registry.

The law also contains exceptions for certain owner-occupied residential properties and situations where federal law or regulations require or permit consideration of criminal history.

Because exceptions can depend on the specific property and circumstances, landlords and rental applicants should seek qualified legal guidance when questions arise.

Can a Landlord Automatically Reject Someone Because of a Criminal Record?

Not necessarily.

Even after a conditional offer of housing has been made, New Jersey law places restrictions on how criminal history information may be considered.

Housing providers cannot simply assume that the existence of a criminal record automatically makes someone unsuitable as a tenant.

In general, a housing provider that chooses to consider criminal history must first evaluate the applicant using other lawful rental qualifications and make a conditional offer of housing before conducting the criminal history portion of the screening process.

What Should New Jersey Landlords Know?

New Jersey landlords should carefully review their rental applications and tenant screening procedures.

Older rental applications may contain questions about arrests, convictions, or criminal history that may no longer comply with New Jersey law.

Landlords should also be cautious when using online tenant screening companies that automatically combine credit reports, eviction records, and criminal background checks into a single screening report.

If criminal history information is provided or reviewed too early in the application process, it could potentially create compliance issues under the Fair Chance in Housing Act.

Landlords who use real estate agents, property managers, or tenant screening services should ensure that everyone involved in the rental process understands when criminal history information may legally be requested and considered.

The Bottom Line

So, can a New Jersey landlord require a background check before allowing you to view a rental property?

The answer depends on what is meant by "background check."

A landlord may generally evaluate financial qualifications such as credit, income, employment, and rental history before making a conditional offer of housing.

Criminal history is different.

Under the New Jersey Fair Chance in Housing Act, housing providers generally cannot ask about or investigate an applicant's criminal history until after evaluating the applicant's other qualifications and making a conditional offer of housing.

For renters, understanding this distinction can help you recognize your rights during the rental application process.

For landlords and real estate professionals, following the correct screening process is an important part of complying with New Jersey housing law.