Tenant screening under New Jersey's Fair Chance in Housing Act
The order of screening steps New Jersey requires, and what may and may not be considered.
6 min readBy Green American Property Management
Since January 1, 2022, New Jersey's Fair Chance in Housing Act has controlled when and how most housing providers can consider an applicant's criminal history. It changes the order of screening, and it applies to most rentals in the state, with a few narrow exemptions.
Step 1: Screen without criminal history
Before a conditional offer, you can't ask about criminal records on the application, in conversation, or through a background check. You also can't advertise that people with criminal records won't be considered. Screen on everything else first: the completed application, income and employment, rental history and credit.
Step 2: Make a conditional offer
Once an applicant meets your other criteria, extend a conditional offer in writing. Only then may a criminal background check be run, within the limits below.
What can never be considered
- Arrests or charges that did not result in a conviction
- Expunged or pardoned records
- Juvenile adjudications
- Disorderly persons and petty disorderly persons offenses (and certain other records under the law)
Lookback periods
| Conviction | May be considered if within |
|---|---|
| First-degree indictable offense | 6 years from release |
| Second- or third-degree indictable offense | 4 years from release |
| Fourth-degree indictable offense | 1 year from release |
A short list of the most serious offenses, such as murder and offenses requiring lifetime sex-offender registration, is not limited by these periods.
Step 3: An individualized assessment
Even a record within the lookback period doesn't automatically disqualify someone. You must make an individualized assessment that considers factors such as the nature and seriousness of the offense, how long ago it happened, the applicant's age at the time, evidence of rehabilitation, and whether withdrawing the offer is necessary to protect a substantial, legitimate interest such as other residents' safety.
Step 4: Notices if you withdraw
If you withdraw the offer, the applicant must receive written notice explaining why, along with the assessment, and an opportunity to provide evidence of inaccuracies or rehabilitation. Violations can bring civil penalties enforced by the New Jersey Division on Civil Rights.
Background on the rest of the process: why tenant screening is important. For the official text and forms, see the New Jersey Division on Civil Rights (opens in a new tab).
Not legal advice. This guide summarizes New Jersey rules in plain language as of November 7, 2026. Laws and municipal requirements change; for a specific situation, check the official source or consult a New Jersey landlord-tenant attorney.
