N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-58
Discriminatory advertisement by house provider, prohibited
Operative Text
7. a. A housing provider shall not knowingly or purposefully publish, or cause to be published, any housing advertisement that explicitly provides that the housing provider will not consider any applicant who has been arrested or convicted of one or more crimes or offenses, except for 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. b. A housing provider shall not print, publish, circulate, issue, display, post, or mail, or cause to be printed, published, circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign, or use any form of application for the rental, lease, or sublease of any real property or part or portion thereof or make any record or inquiry in connection with the prospective rental, lease, or sublease of any real property or part or portion thereof which expresses, directly or indirectly, any unlawful limitation, specification or discrimination as to criminal record, except as permitted by this act and for 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. c. Unless otherwise required by law, a housing provider shall not: (1) distribute or disseminate an applicant's criminal record to any person who is not expected to use the criminal record for the purpose of evaluating the applicant in a manner consistent with this act; or (2) use an applicant's criminal record for a purpose that is not consistent with this act. L.2021, c.110, s.7.
Under N.J.S.A. 46:8-1 et seq. § 46:8-58, housing providers in New Jersey are prohibited from publishing advertisements that explicitly exclude applicants based on arrest or conviction history. The rule also bars any application form, statement, or inquiry that signals unlawful discrimination based on criminal record, whether directly or indirectly. Two narrow exceptions exist: disqualifications related to methamphetamine manufacture or production on federally assisted housing premises, and lifetime sex offender registration status under a state program. Additionally, housing providers may not share or misuse an applicant's criminal record beyond what is permitted under the act.
Plain English — not legal advice.
Housing providers operating under N.J.S.A. 46:8-1 et seq. § 46:8-58 generally review their advertising copy, rental applications, and screening forms to ensure no language explicitly or implicitly excludes applicants on the basis of arrest or conviction history, outside the two narrow statutory exceptions. Compliant operators also establish internal protocols limiting who may access an applicant's criminal record and ensuring that record is used only for evaluation purposes consistent with the act. Keeping documentation of screening policies and training staff on permissible inquiry practices are steps commonly associated with compliance under this provision.
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. § 46:8-58 gives applicants a basis to challenge housing advertisements or application processes that unlawfully screen out people based on criminal history. If a housing provider's ad, application form, or inquiry appears to violate this provision, tenants and applicants may consider contacting the New Jersey Division on Civil Rights or a local tenant-rights organization to understand available complaint processes. Applicants may also be able to raise a violation of this section as a defense or claim in relevant legal proceedings, and consulting a legal aid organization familiar with New Jersey housing law can help clarify which options may be 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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