N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-54
Definitions relative to housing to those with criminal records
Operative Text
3. As used in this act: "Applicant" means any person considered for, who requests to be considered for, or who requests to be considered for tenancy within a rental dwelling unit. "Conditional offer" means an offer to rent or lease a rental dwelling unit to an applicant that is contingent on a subsequent inquiry into the applicant's criminal record, or any other eligibility criteria that the housing provider may lawfully utilize. "Criminal record" means information about an individual collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests, detentions, indictments, criminal complaints, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, release or conviction, including, but not limited to, any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge. "Director" means the Director of the Division on Civil Rights. "Division" means the Division on Civil Rights in the Department of Law and Public Safety. "Housing provider" means a landlord, an owner, lessor, sublessor, assignee, or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental dwelling unit. "Pending criminal accusation" means an existing accusation that an individual has committed a crime, lodged by a law enforcement agency through an indictment, information, complaint, or other formal charge. "Rental dwelling unit" means a dwelling unit offered for rent by a housing provider for residential purposes, other than a dwelling unit in an owner-occupied premises of not more than four dwelling units. L.2021, c.110, s.3.
Section 46:8-54 of N.J.S.A. 46:8-1 et seq. establishes the foundational vocabulary for New Jersey's law governing housing access for people with criminal records. It defines key terms such as 'applicant,' 'conditional offer,' 'criminal record,' 'housing provider,' and 'rental dwelling unit,' which are used throughout the broader statute. Notably, the definition of 'criminal record' is broad, encompassing arrests, charges, and dispositions including acquittals—not just convictions. Owner-occupied buildings with four or fewer units are carved out from the definition of 'rental dwelling unit.'
Plain English — not legal advice.
Property owners and managers operating rental dwelling units as defined under N.J.S.A. 46:8-1 et seq. § 46:8-54 should familiarize themselves with the precise meanings these terms carry throughout the law. For example, the definition of 'housing provider' is broad enough to include agents and anyone entitled to receive rent, meaning property management companies are generally covered alongside direct owners. Compliant operators typically ensure that their screening policies account for the full scope of what constitutes a 'criminal record' under this section, which includes arrests and acquittals, not just convictions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.S.A. 46:8-1 et seq. § 46:8-54, the term 'applicant' covers anyone who requests to be considered for tenancy, meaning protections under this law can apply from the earliest stage of the rental process. The broad definition of 'criminal record'—which includes arrests, pending accusations, and acquittals—means that housing providers are generally restricted in how they may use such information under the broader statute. Tenants or applicants who believe a housing provider has misapplied these definitions may consider contacting the New Jersey Division on Civil Rights or a local tenant-rights organization to understand available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.