N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-59
Immunity
Operative Text
8. a. To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of this act shall be immune from liability in any civil action arising as a result of the landlord's decision to rent to individuals with a criminal record or who were otherwise convicted of a criminal offense, or as a result of a landlord's decision to not engage in a criminal background screening. b. Nothing in subsection a. of this section shall be construed to affect in any way the immunity from liability conferred by law upon a landlord who rents an apartment to a person with a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault in violation of N.J.S.2C:14-2, causing or permitting a child to engage in a prohibited sexual act or in the simulation of such an act in violation of paragraph (3) of subsection b. of N.J.S.2C:24-4, or any crime that resulted in lifetime registration in a state sex offender registry. L.2021, c.110, s.8.
Under N.J.S.A. 46:8-1 et seq. § 46:8-59, New Jersey law grants residential landlords a civil liability shield when they choose to rent to individuals who have a criminal record or when they choose not to conduct a criminal background check. This immunity is designed to reduce barriers to housing for formerly incarcerated people. However, the provision does not extend this new immunity to situations involving tenants convicted of certain serious offenses—such as murder, kidnapping, arson, human trafficking, or crimes requiring lifetime sex offender registration—where separate legal immunity rules may already apply differently.
Plain English — not legal advice.
N.J.S.A. 46:8-1 et seq. § 46:8-59 provides residential landlords with a civil liability shield when they rent to applicants with a criminal history or when they opt out of criminal background screening entirely. Operators who understand this provision generally document their screening policies consistently and are aware that the immunity does not cover tenants with convictions for specific serious offenses enumerated in subsection b. Landlords typically consult legal counsel to understand how this immunity interacts with their existing tenant-selection policies and fair housing obligations.
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. § 46:8-59 reflects a legislative intent to expand housing access for people with criminal records by removing a key legal deterrent that previously discouraged landlords from renting to them. Tenants who believe a landlord has improperly denied housing based on a criminal record may wish to explore whether other provisions of the act or fair housing laws provide additional protections. Tenant-rights organizations and legal aid services in New Jersey can help individuals understand how this provision fits within the broader framework of the law.
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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