Editor's Note: Ordinance No. 6 PSF-F, 9-19-2012, Reintegration of Formerly Incarcerated People into the Community was repealed in its entirety by Ordinance No. 6 PSF-B, 4-15-2015.
[Ord. 6 PSF-B, 4-15-2015 Art. I § 1]
As used in this Article,
a. 
REAL PROPERTY — Shall mean real estate, lands, multiple dwellings and hereditaments, corporeal incorporeal, and leaseholds, provided however that the provisions of this Article shall not apply to the rental:
1. 
Of a single apartment or flat in a two family dwelling, the other occupancy unit of which is occupied by the owner as his/her residence or the household of his/her family at the time of such rental; or
2. 
Of a room or rooms to another person or persons by the owner or occupant of one-family dwelling occupied by him/her as his/her residence or the household of his/her family at the time of such rental.
b. 
APPLICANT — Shall mean any person or persons seeking to rent, lease or sublease real property or who requests information from a landlord or real estate broker related to seeking a rental, lease, or sublease of real property.
c. 
LANDLORD — Shall mean the owner, lessee, sublessee, assignee, managing agent, other person having the right to rent, lease, or sublease any real property or part or portion thereof, or employee or agent thereof.
d. 
REAL ESTATE BROKER — Shall mean a person, company, corporation, firm, or association who, for a fee, commission or other valuable consideration, or by reason of promise or reasonable expectation thereof, exchanges, buys, or rents or offers or attempts to offer an exchange or rental of real estate or an interest therein, or collects or offers or attempts to collect rent for the use of real estate, or assists or directs in the procuring of prospects or the negotiation or closing of any transaction which does or is contemplated to result in the exchange, leasing, or renting of any real estate.
e. 
CONVICTION — Shall mean any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of unconditional discharge.
f. 
INQUIRY — Shall mean any direct or indirect conduct intended to gather information from or about an applicant, using any mode of communication, including but not limited to application forms, interviews, or criminal history checks from government databases or private credit reporting agencies.
g. 
FORMAL APPLICATION — Shall mean a submission by the applicant of any and all materials or information required to be reviewed by a landlord or real estate broker before the rent, lease, or sublease of real property.
h. 
ADVERTISEMENT — Shall mean any circulation, mailing, posting, or other form of publication, utilizing any media, promoting the landlord or real estate broker or intending to alert its audience or prospective applicants of availability of real property for rent, lease, or sublease.
[Ord. 6 PSF-B, 4-15-2015 Art. 1 § 2]
In connection with any rental, lease, or sublease of real property,
a. 
Inquiry into and consideration of any applicant's criminal history shall take place only after the applicant has submitted a formal application. Notwithstanding the foregoing, if the applicant discloses any information regarding his or her criminal history by unsolicited voluntary written or oral disclosure, the landlord or real estate broker may discuss the criminal history disclosed by the applicant.
b. 
Prior to conducting any criminal history inquiry regarding an applicant, the landlord or real estate broker shall provide standard written notification to the applicant.
1. 
Advising that, upon the written consent of the applicant, the landlord or real estate broker will conduct a criminal history inquiry;
2. 
Advising that upon consenting to a criminal history inquiry, the applicant has the right and opportunity of not less than three business days from the receipt of notice to submit evidence which may inform the consideration under Section 2:31-4 of this Article; and
3. 
Advising that the applicant has the right to receive a copy, upon the applicant's request, of the results of any criminal history inquiry obtained regarding the applicant.
4. 
Attaching a copy of the Information Form Regarding Criminal Record Review - Housing, attached hereto as Appendix A.
c. 
A landlord or real estate broker may hold a housing unit open until an applicant provides information about rehabilitation, but a landlord or real estate broker is not required to hold a housing unit after making an initial determination of an applicant's eligibility.
[Ord. 6 PSF-B, 4-15-2015 Art. 1 § 3]
In connection with any rental, lease, or sublease,
a. 
Subject to the terms of this Article, a landlord or real estate broker shall be permitted to inquire about:
1. 
Indictable offense convictions in New Jersey (or, if from any other state or jurisdiction, convictions for conduct which, if committed in New Jersey, would constitute an indictable offense) for eight years following the release from post-conviction custody or from the date of sentencing if the person was not incarcerated;
2. 
Disorderly persons convictions or municipal ordinance violations in New Jersey (or, if from any other state or jurisdiction, convictions for conduct which, if committed in New Jersey, would constitute a disorderly persons offense or municipal ordinance violation) for five years following the release from post-conviction custody or from the date of sentencing if the person was not incarcerated; and
3. 
Pending criminal charges.
b. 
Notwithstanding 2:31-3a, all prior disorderly persons and indictable offense convictions (or, if from any other state or jurisdiction, convictions for conduct which, if committed in New Jersey, would constitute an indictable offense or disorderly persons conviction) may be considered by the employer if any of the subject's convictions may be considered pursuant to Section 2:31-3a or c, of this section, unless they are deemed impermissible pursuant to Section 2:31-3d herein.
c. 
Notwithstanding Section 2:31-3a, and subject to the terms of this Article, a landlord or real estate broker shall be permitted to consider convictions for murder, attempted murder, arson-related offenses, sex offenses requiring registry under N.J. S.A. 2C Chapter 2C:7-1, et seq. that are punishable by a term of incarceration in state prison, and any crime listed in 18 U.S.C. Chapter 113B - Terrorism or N.J.S.A. 2C:-38-1, et seq. - September 11th, 2001 Anti-Terrorism Act (or in any other state or jurisdiction, convictions for conduct which, if committed in New Jersey, would constitute a violation of N.J.S.A. 2C:38-1, et seq.), regardless of when they occurred.
d. 
It shall not be permissible for a landlord or real estate broker to conduct any criminal history inquiry, require any person to disclose or reveal, or to take any adverse action against any person on the basis of
1. 
Any arrest or criminal accusation made against such person which is not then pending against that person and which did not result in a conviction;
2. 
Any records which have been erased, expunged, the subject of an executive pardon, or otherwise legally nullified; or
3. 
Any juvenile adjudications of delinquency or any records which have been sealed.
[Ord. 6PSF-B, 4-15-2015 Art. 1 § 4]
In connection with any rental, lease, assignment, or sublease,
a. 
A landlord or real estate broker shall consider the following factors in evaluating the applicant and the results of any criminal history inquiry, conducted in accordance with the limitations of Section 2:31-3.
1. 
Any information, if provided, pertaining to the degree of rehabilitation and good conduct or to the accuracy of the criminal record in question produced by the applicant, or produced on his or her behalf to the landlord or real estate broker, including but not limited to any certificate of rehabilitation issued by any state or federal agency, which includes but is not limited to certificates issued pursuant to N.J.S.A. 2A:168A-1 to 16;
2. 
The amount of time that has passed since the conviction(s) and/or release from custody; and
3. 
The nature of and circumstances surrounding the crime(s).
[Ord. 6 PSF-B, 4-15-2015 Art. 1 § 5]
In connection with any adverse decision regarding a rental, lease, or sublease,
a. 
If after conducting a criminal history inquiry the landlord or real estate broker makes a final determination adverse to the applicant resulting in the refusal of any rental, lease, assignment, or sublease, the landlord or real estate broker shall, within 10 business days.
1. 
Notify the applicant in writing of the adverse action, stating the reasons for rejection and including the landlord's or real estate broker's consideration of factors required under Section 2:31-4 of this Article; and
2. 
Provide the applicant with a copy of the results of the criminal history inquiry.
b. 
A copy of all documents and notices required under Section 2:31-5a shall be sent in one mailing, by registered mail, to the applicant.
[Ord. 6 PSF-B, 4-15-2015 Art. 1 § 6]
In connection with any rental, lease, or sublease:
a. 
Any information pertaining to an applicant's criminal history obtained in conjunction with the rental, lease, or sublease process:
1. 
Shall remain confidential;
2. 
Shall only be shared with individuals who have a need to know for the purpose of evaluating applicants in a manner consistent with this Article;
3. 
Shall not be used, distributed, or disseminated by the landlord or real estate broker for any use other than those described in this Article; and
4. 
Shall not be used, distributed, or disseminated by the landlord or real estate broker to any other entity or individual, except as dictated by law.
[Ord. 6 PSF-B, 4-15-2015 Art. 1 § 7]
a. 
In connection with any rental, lease, or sublease, it shall be unlawful for a landlord or real estate broker to produce or disseminate any advertisement that directly or indirectly references the use or consideration of an applicant's criminal history, except that nothing in this section shall preclude the expression of statutory, regulatory, or rule-based eligibility restrictions applicable to the rental, lease or sublease of real property as described in Section 2:31-8a so long as such expression is limited to the specified offense(s) and time period(s) as established by law.
b. 
In any action against any landlord or real estate broker under this section, any such advertisement shall be presumptive evidence that the landlord or real estate broker authorized the advertisement.
[Ord. 6 PSF-B, 4-15-2015 Art. 1 § 8]
a. 
The prohibitions of this Article shall not apply:
1. 
Where any federal or state law, regulation, or rule requires or permits the consideration of an applicant's criminal history in the rental, lease, or sublease of real property, provided the exemption is limited to those offenses or types of offenses and time periods that federal or state law, regulation, or rule requires or permits the landlord or real estate broker to consider.
2. 
To any real property designated by the landlord or real estate broker to participate in a federal, state, or local government program or obligation that is designed to encourage the provision of housing for individuals with criminal histories.
b. 
It is the intent of the Municipal Council that exceptions under this Article be interpreted narrowly.
[Ord. 6 PSF-B, 4-15-2015 Art. 1 § 9]
a. 
The City of Newark Business Administrator shall designate an office or department that shall enforce the provisions of this Article.
b. 
A first violation shall be subject to a fine of up to $500. Each subsequent violation shall be subject to a fine of up to $1,000.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 1; Ord. 6PSF-F, 7-10-2019]
As used in this Article:
APPLICANT
Shall mean any person considered or who requests to be considered for a license by the City or who requests information from the City related to seeking a license.
CITY
Shall mean the City of Newark, or any City department, agency, board, or commission or any employee or agent thereof.
CONVICTION
Shall mean any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of unconditional discharge.
FORMAL APPLICATION
Shall mean a submission by the applicant of any and all materials or information required to be reviewed by the City before the granting of a license.
INQUIRY
Shall mean any direct or indirect conduct intended to gather information from or about an applicant for a license, using any mode of communication, including but not limited to application forms, interviews, and criminal history checks.
LICENSE
Shall mean any certificate, license, permit, authorization, or grant of permission required by the City as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. "License" shall not, for the purposes of this Article, include any license, authorization or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm.
OTHERWISE QUALIFIED
Shall mean any applicant who meets all other criteria for a license, pursuant to the applicable provisions of the Revised General Ordinances of Newark.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 2; Ord. 6PSF-F, 7-10-2019]
In connection with any decision regarding a license,
a. 
Inquiry into and consideration of any applicant's criminal history shall take place only after the applicant has submitted a formal application and has been found otherwise qualified to receive a license from the City. Notwithstanding the foregoing, if the applicant discloses any information regarding his or her criminal history by unsolicited voluntary written or oral disclosure, the City may discuss the criminal history disclosed by the applicant.
b. 
Prior to conducting any criminal history inquiry regarding an applicant, the City shall provide standard written notification to the applicant:
1. 
Advising that, upon the written consent of the applicant, the City will conduct a criminal history inquiry;
2. 
Advising that, following any adverse decision by the City retracting the conditional offer of license, the applicant will have the right and opportunity to present evidence as required by Section VI herein, and describing the kinds of evidence the applicant may present at that time; and
3. 
Attaching a copy of the Information Form Regarding Criminal Record Review - Licensing, attached hereto as Appendix C.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 3; Ord. 6PSF-F, 7-10-2019]
In connection with any decision by the City regarding a license:
a. 
The City shall be permitted to consider convictions for murder, attempted murder, arson-related offenses, sex offenses requiring registry as defined under N.J.S.A. Title 2C: 7-1, et seq., that are punishable by a term of incarceration in state prison, and any crime listed in 18 U.S.C. Chapter 113B - Terrorism or N.J.S.A. 2C:38 - 1. et seq., September 11th, 2001 Anti-Terrorism Act (or, if from any other state or jurisdiction, convictions for conduct which, if committed in New Jersey, would constitute a violation of N.J.S.A. 2C: 38-1, et seq.), regardless of when they occurred.
b. 
It shall not be permissible for the City to conduct any criminal history inquiry, require any person to disclose or reveal, or to take any adverse action against any person on the basis of:
1. 
Any arrest or criminal accusation made against such person which is not then pending against that person and which did not result in a conviction;
2. 
Any records which have been erased, expunged, the subject of an executive pardon, or otherwise legally nullified; or
3. 
Any juvenile adjudications of delinquency or any records which have been sealed.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 4; Ord. 6PSF-F, 7-10-2019]
In connection with any decision regarding a license:
a. 
The City shall consider the following factors in evaluating the applicant and the results of any criminal history inquiry, conducted in accordance with the limitations of Section 2:31-12:
1. 
Any information, if provided, pertaining to the degree of rehabilitation and good conduct or to the accuracy of the criminal record in question produced by the applicant, or produced on his or her behalf to the City, including but not limited to any certificate of rehabilitation issued by any state or federal agency, which includes but is not limited to certificates issued pursuant to N.J.S.A. 2A:168A-1 to 16;
2. 
The amount of time that has passed since the conviction(s) and/or release from custody; and
3. 
The nature of and circumstances surrounding the crime(s).
4. 
The fact that an individual has an indictable conviction or disorderly person's offense shall not be an automatic bar to receiving a business license, but rather shall be a factor to be considered in the application process consistent with the provisions of this chapter and New Jersey law.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 5; Ord. 6PSF-F, 7-10-2019]
In connection with any adverse decision regarding a license:
a. 
If after conducting a criminal history inquiry the City makes a final determination adverse to the applicant resulting in the refusal of a license, the City shall, within a reasonable period of time:
1. 
Provide the applicant with a copy of the results of the criminal history inquiry;
2. 
Provide the applicant with a written notice of rejection, specifically stating the reasons for rejection and including the City's consideration of the factors required under Section 2:31-13; and
3. 
Advise the applicant of the opportunity for review under Section 2:31-15, including how the applicant may present evidence related to the City's consideration of the factors required under Section 2:31-13; and what kinds of evidence the applicant may present at that time.
b. 
A copy of all documents and notices required under Section 2:31-14a shall be mailed in one package by registered mail to the applicant.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 6; Ord. 6PSF-F, 7-10-2019]
In connection with any adverse decision regarding a license:
a. 
The applicant shall have 10 business days after receipt of the documents and notices required under 2:31-14 to respond to the City regarding the results of the criminal history inquiry. The City shall provide the applicant with an opportunity to present information and evidence related to the accuracy and/or relevance of the results of the criminal history inquiry, including information pertaining to any of the factors listed in 2:31-13a. The City must review all information and documentation received from the applicant prior to taking any final action as to whether to grant the applicant a license.
b. 
The City shall document in writing the information and evidence provided by the applicant under Section 2:31-15a, the City's consideration of this information and evidence, and the City's final action, specifically stating the reasons for the final action taken. The City must, within a reasonable period of time, notify the applicant of the final action and provide the applicant a copy of the writings required under this section.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 7; Ord. 6PSF-F, 7-10-2019]
In connection with any decision regarding a license:
a. 
Any information obtained by the City that pertains to an applicant's criminal history:
1. 
Shall remain confidential;
2. 
Shall only be shared with individuals who have a need to know the contents for the purpose of evaluating applicants in a manner consistent with this Article;
3. 
Shall not be used, distributed, or disseminated by the City for any use other than those described in this Article; and
4. 
Shall not be used, distributed, or disseminated by the City to any other entity or individual, except as dictated by law.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 8; Ord. 6PSF-F, 7-10-2019]
a. 
The prohibitions of this Article shall not apply:
1. 
Where any federal or state law, regulation, or rule requires or permits the consideration of an applicant's criminal history for purposes of a City license, provided the exemption is limited to those offenses or types of offenses and time periods that federal or state law, regulation, or rule requires or permits the City to consider; and
2. 
To any license sought in conjunction with a federal, state, or local government program or obligation that is designed specifically to encourage the licensing, employment, or entrepreneurship of individuals with criminal histories.
b. 
It is the intent of the Municipal Council that exceptions under this Article be interpreted narrowly.
[Ord. 6 PSF-B, 4-15-2015 Art. II § 9; Ord. 6PSF-F, 7-10-2019]
The City of Newark Business Administrator shall designate an office or department that shall enforce the provisions of this Article.