N.J. Admin. Code § 13:5-1.8

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:5-1.8 - Criminal records that can be considered only after a conditional offer

(a) Before the issuance of a conditional offer to an applicant, a housing provider may not consider any criminal record in the applicant's history, except for a conviction 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) After the issuance of a conditional offer to an applicant, a housing provider may only consider a criminal record in the applicant's history that:

1. Resulted in a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault in violation of N.J.S.A. 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.A. 2C:24-4, or any crime that resulted in lifetime registration in a State sex offender registry, or their equivalents under Federal law or the laws of another state;

2. Is for an indictable offense of the first degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within the six years immediately preceding the issuance of the conditional offer, or their equivalents under Federal law or the laws of another state;

3. Is for an indictable offense of the second or third degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within the four years immediately preceding the issuance of the conditional offer, or their equivalents under Federal law or the laws of another state; or

4. Is for an indictable offense of the fourth degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within one year immediately preceding the issuance of the conditional offer, or their equivalents under Federal law or the laws of another state.

(c) If a housing provider utilizes any vendor or outside person or entity to conduct a criminal record check on their behalf, the housing provider shall take reasonable steps to ensure that the vendor or outside person or entity is conducting the criminal record check consistent with the Act and this chapter. A housing provider will be liable under the Act for relying on a criminal history inquiry conducted by a vendor or outside person or entity that is conducted in violation of the Act or this chapter if the housing provider failed to take reasonable steps to ensure compliance with the Act or this chapter. Specifically, if a housing provider receives a criminal history inquiry conducted by a vendor or outside person or entity that is conducted in violation of the Act or this chapter, in that it reveals a record that is not permitted to be considered under the Act, the housing provider must show that the provider did not rely on that information in making a determination about an applicant's tenancy.

N.J. Admin. Code § 13:5-1.8

Adopted by 54 N.J.R. 76(a), effective 1/3/2022