In mid-June, New Jersey joined the ranks of jurisdictions making it illegal for landlords to discriminate against convicted criminals. Because of the large percentage of convicted criminals who are “people of color,” the law is being hailed as a reform of the criminal justice system and a step toward racial equity.
The law prohibits landlords from asking applicants about their criminal record unless the prospective tenant is a registered sex offender or has been convicted of making methamphetamines in federally-assisted housing. Apparently, convictions for murder, rape, kidnapping, and arson aren’t considered as bad as making meth.
Consider the hypocrisy in such laws. On the one hand, the state considers some actions so seriously wrong that it arrests and convicts an individual for taking part in such actions. The state considers some actions so seriously wrong that it takes that individual’s property, freedom, or both. On the other hand, if a landlord considers those same actions as a disqualification for a rental property, the landlord becomes a criminal. It is perfectly acceptable for the state to judge a person by his actions, but it’s a crime for landlords to do so.
The law allows a landlord to conduct a more thorough criminal background check after he makes a conditional offer. However,
The law encourages landlords who find criminal offenses to weigh the nature of the crime, the length of time passed, and how the offense would affect the safety of the landlord’s property and other tenants. If the landlord decides to withdraw their offer, they must explain their reversal.
If a prospective tenant feels that he has been discriminated against, he can file a complaint with the state’s Attorney General.
If a landlord considers individuals who have been convicted of certain crimes to be too risky as tenants, he will have to justify his judgment to the tenant and perhaps the Attorney General. And if he doesn’t explain himself to the Attorney General’s satisfaction, the landlord will be forced to help the applicant find other housing.
Again, hypocrisy is rampant. The landlord isn’t allowed to exercise his own judgment and act accordingly. But the applicant can act on his feelings and the Attorney General can subject the property owner to laborious and expensive legal proceedings. And this, we are to believe is a reform of the criminal justice system.