- Some former criminals may believe that they are being unfairly targeted by prospective landlords and possibly being discriminated against under New Jersey's anti-discrimination law. However, the law does not offer a former criminal protection nor prevent a landlord from asking the applicant to fill out a housing application with questions related to his past incarceration. In addition, a current tenant can be evicted if the tenant was convicted under the Comprehensive Drug Act of 1987. "Landlords cannot bringing an eviction action more than two years after the date of an adjudication or conviction, or release from prison, whichever is later," according to the New Jersey Institute for Social Justice website.
- State public housing authorities can legally use criminal background checks for every adult member of the public housing unit. Every adult who is planning to live in the housing unit must sign a consent form before the the local public housing authority can begin a background check. The goal is to not only make certain there is no continuing connection to criminal activity, but also to determine if the person is subject to a lifetime registration requirement under the state sex offender program, according to the Newark Housing Authority website.
- Much like state public housing authorities, the U.S. Department of Housing and Urban Development can use screening background checks according to provisions of the Quality Housing and Work Responsibility Act as well as other federal laws. This federal act can be used to deny federally-assisted housing to families if individuals are or have been engaged in certain criminal behavior. Specifically, "Owners are required to deny admission to federallyassisted housing if any household member has been evicted from federally-assisted housing for drug-related criminal activity, for three years from the date of eviction," according to the HUD website.
- Certain categories of criminal convictions in New Jersey can be expunged, removing them completely from a potential tenant's criminal record. Some of these offenses include municipal ordinance violations, disorderly person offenses and convictions of young drug offenders, according to the website Findlaw. In 2010, New Jersey gave judges much wider discretion in expunging convicted felons' criminal records. The law reduced the waiting period from 10 years to five years from the date of conviction, completion of parole or probation.
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