A New Jersey rental application is a form that prospective renters use to apply for a rental property. This form usually asks for an applicant’s personal information, rental history, financial statements, and references from employers or former landlords. While there are general compliance requirements for any rental application, landlords must also consider specific New Jersey rental application laws.
In New Jersey, landlords are required to follow specific laws and regulations when screening tenants and reviewing rental applications. These laws are designed to protect both landlords and tenants, and ensure the rental process is fair and transparent. This is informational only; not legal advice.
- Fair Chance in Housing Act (FCHA):New Jersey’s FCHA limits housing providers from asking about criminal history on housing applications in certain instances. This is intended to ensure applicants with a criminal history are afforded an opportunity at accessing safe and affordable housing. Though please note that a landlord may inquire 1) if an applicant has ever been convicted of a crime related to the manufacture or production of methamphetamine on the premises of federally assisted housing; or, 2) if the applicant is subject to a lifetime registration requirement on a state sex offender registry. Further, a landlord or agent may only evaluate criminal history once a conditional housing offer has been made to the applicant. In addition, prior to considering an applicant’s criminal history, the landlord or agent must provide the applicant a Disclosure Statement informing the applicant that the eligibility criteria for the unit includes the applicant’s criminal history, and explaining their right to demonstrate mitigating factors. Once a conditional offer is made, landlords and agents may only consider certain types of criminal histories.
- New Jersey Law Against Discrimination (NJLAD):New Jersey state law extends the protections provided under the Fair Housing Act to prohibit discrimination and bias-based harassment.
- New Jersey Security Deposit Law: Under New Jersey law, landlords must return a tenant’s security deposit minus any rent owed or charges incurred for repairing damages within 30 days after the end of the lease. The maximum amount landlords may collect as security is equivalent to one-and-a-half month’s rent. (N.J.S.A. 46:8-19)
- New Jersey Truth in Renting Act: New Jersey law guarantees all renters with free access to information about their rights as a tenant. The Truth in Renting Act calls for the distribution of the Truth in Renting Statement by a landlord to all tenants.
- New Jersey Consumer Fraud Act: New Jersey law prohibits deceptive and fraudulent practices in the rental market, including the misrepresentation of availability, quality, or condition of rental properties.
New Jersey also has state-specific requirements regarding tenant screening and rental applications, including:
- Application fees: New Jersey does not restrict the amount a landlord can charge for an application fee but the fee should be reasonable. The application fee is non-refundable.
- Credit and Background Checks: Landlords must obtain written consent from the applicant before conducting a credit and background check. They must also provide applicants with a copy of the report if requested.
- Income Verification: Landlords can require proof of income from applicants to ensure they can afford rent. However, they may not discriminate against applicants based on their source of income.
- Tenant Selection Criteria: Landlords must apply their tenant selection criteria uniformly to all applicants and cannot discriminate based on protected characteristics under state or federal law.
- Denial of Rental Application: If a landlord denies a rental application based on information obtained during the screening process, they must provide the applicant with an adverse action notice explaining the reason for the denial and provide information for the applicant on how to dispute the decision.
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