New Jersey Criminal & credit history rules

Can a landlord deny a tenant for criminal or credit history in New Jersey?

New Jersey's Fair Chance in Housing Act (N.J.S.A. 46:8-52 et seq.), as implemented by N.J.A.C. 13:5, generally bars landlords from asking about or considering criminal history before a conditional offer (limited exceptions for meth manufacture on federally assisted housing and lifetime sex-offender registration). Arrests without conviction, expunged/pardoned/vacated/sealed records, and juvenile adjudications may never be considered. After a conditional offer, only listed serious offenses and degree-based lookback windows (6/4/1 years) may be considered, with an individualized assessment before withdrawing the offer. Statute text: "A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant's criminal record prior to a conditional offer of housing, except for a limited inquiry of whether an applicant has ever been convicted of criminal activity for the manufacture or production of methamphetamine on the premises of Federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program."

Verified Source: N.J.A.C. 13:5-1.4, 13:5-1.7, 13:5-1.8 (Fair Chance in Housing Act, N.J.S.A. 46:8-52 et seq.) · last checked 2026-10-16