N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-55
Application process
Operative Text
4. a. (1) 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 the provision of a conditional offer, except that a housing provider may consider whether an applicant has ever been convicted of drug-related 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. (2) A housing provider shall not make any oral or written inquiry regarding an applicant's criminal record prior to making a conditional offer. (3) An applicant may provide evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors. b. Prior to accepting any application fee, a housing provider shall disclose in writing to the applicant: (1) Whether the eligibility criteria of the housing provider include the review and consideration of criminal history; and (2) A statement that the applicant, pursuant to subsection a. of this section, may provide evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors. c. A housing provider shall apply the standards established by this section to each applicant in a nondiscriminatory manner. L.2021, c.110, s.4.
Under N.J.S.A. 46:8-1 et seq. § 46:8-55, New Jersey housing providers are generally prohibited from asking about an applicant's criminal history—either on written forms or verbally—until after a conditional offer of housing has been made. Two narrow exceptions exist: providers may inquire earlier about methamphetamine manufacture convictions on federally assisted housing premises and about lifetime sex offender registration requirements. Before collecting any application fee, providers must disclose in writing whether criminal history is part of their eligibility criteria and inform applicants of their right to submit evidence of record inaccuracies, rehabilitation, or other mitigating factors.
Plain English — not legal advice.
Housing providers operating under N.J.S.A. 46:8-1 et seq. § 46:8-55 generally structure their application process so that all criminal-history inquiries—written or oral—come only after a conditional offer is extended, with the two statutory exceptions noted for methamphetamine production convictions and lifetime sex offender registration. Before collecting any application fee, compliant operators provide a written disclosure stating whether criminal history factors into eligibility and notifying applicants of their right to submit mitigating evidence. Providers also apply these standards uniformly across all applicants to satisfy the provision's nondiscrimination requirement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 46:8-1 et seq. § 46:8-55 gives applicants the right to move through most of the application process without being asked about their criminal record until a conditional offer is on the table. Applicants are also entitled to a written disclosure about criminal-history criteria before paying any application fee, and they have the right to submit documentation showing inaccuracies in their record or evidence of rehabilitation or mitigating circumstances. Those who believe a housing provider has violated these protections may consider filing a complaint with a New Jersey fair housing agency or consulting a tenant-rights organization familiar with the state's fair chance housing rules.
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.