N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-53
Findings, declarations regarding housing to those with criminal records
Operative Text
2. The Legislature finds and declares that: a. Recent research indicates that New Jersey suffers from a tragically high 36-month recidivism rate of over 30 percent; b. Housing instability appears to impact recidivism, considering that over one in 10 prisoners in the United States face homelessness upon release; c. Research from other states indicates a substantial increase in the likelihood of a parolee's arrest following each change in address, further supporting the conclusion that when ex-convicts are unable to find stable housing, recidivism becomes more likely and public safety is diminished; d. Prior to the 1990s when popular guidance documents began advising landlords to conduct criminal background checks on prospective tenants, criminal background information was not widely-available and convenient to landlords for informing rental decisions, but many landlords were nonetheless able to maintain safe and healthy rental properties; and e. It is, therefore, necessary and in the public interest for the Legislature to enact legislation for the purpose of establishing certain housing rights of persons with criminal records. L.2021, c.110, s.2.
Section 46:8-53 of N.J.S.A. 46:8-1 et seq. sets out the Legislature's formal findings and policy rationale behind New Jersey's law establishing housing rights for people with criminal records. The Legislature concluded that housing instability is linked to higher recidivism rates, and that stable housing serves both individual and public-safety interests. These findings also note that landlords historically maintained safe properties without routine criminal background screening, lending support to the policy direction that follows in the broader statute.
Plain English — not legal advice.
Under the legislative findings in § 46:8-53, the New Jersey Legislature has signaled that blanket reliance on criminal history in rental decisions is a practice it intends to regulate in the interest of public safety and housing access. Operators who understand this policy backdrop are generally better positioned to review and update their tenant-screening policies to align with the substantive requirements that flow from N.J.S.A. 46:8-1 et seq. Consulting the full statutory scheme and relevant guidance from New Jersey housing authorities can help property managers understand what screening practices are permissible under the law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 46:8-53 reflects the New Jersey Legislature's formal recognition that people with criminal records have a legitimate interest in accessing stable housing, and that this interest is tied to broader public safety goals. This provision is the foundation for the substantive housing rights established elsewhere in N.J.S.A. 46:8-1 et seq., which may provide protections if a landlord's use of criminal history in a rental decision is challenged. Tenants who believe their rights under this statutory scheme have been violated may consider contacting a tenant-rights organization or a New Jersey legal aid office to understand what options are generally available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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