Why being a landlord in NJ is suddenly a terrible idea (Opinion)

Being a landlord in New Jersey has always had its downsides. When you want tenants to commit to a lease, it more often than not protects the tenant better than it protects the landowner. You have the constant worry of what's happening inside your property, how it's being cared for, loud parties. You have the worry of a renter deciding to stop paying, which became a nightmare for landlords during the pandemic protections which put a moratorium on evictions.

There's a new reason to not be a landlord and for me this would be the last straw. The ultimate dealbreaker.

A New Jersey law that went into effect last year bars landlords from asking anything about a criminal record or doing any kind of background check until they've already made an offer to rent to the prospective tenant.

Once a conditional offer to rent to them is made they can then inquire and do a criminal background check.

If it turns out the person has a criminal history that makes the landlord unwilling to rent to them, the landlord is then required to detail in writing the specific reason why they would withdraw the offer. Basically, they have to justify to a potential third party if there's a legal dispute why they would be uncomfortable having a convicted felon living on their property.

This is very much like the ban-the-box law passed even earlier regarding job applicants in New Jersey. Same situation. You can't ask about a criminal history unless you have already conditionally offered the job.

Proponents of laws like these argue it affords the ex-con facetime to present themselves as a human being to the potential boss or potential landlord. A chance to put their best foot forward and may have a more sympathetic ear once the criminal past is allowed to be revealed.

But this puts landlords in the position of having to admit to an ex-con that their history is the very thing keeping them from renting the home. They can't be diplomatic about it. It makes the rejection personal.

A criminal history is one basis of discrimination that ought to be allowed when we're talking about a person's private property and whether they feel safe and confident in leasing it. Should you really have to explain that you simply don't trust the character of a person who may have stolen a car, mugged an old lady, committed fraud, sold drugs, etc.?

59 landlords were just warned for allegedly violating the Fair Chance in Housing Act as it's called. You can face fines of $1,000, $5,000 then $10,000 for such actions.

Why would anyone still want to be a landlord in the climate New Jersey has fostered?

Opinions expressed in the post above are those of New Jersey 101.5 talk show host Jeff Deminski only.

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