ASSEMBLY, No. 5458 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MARCH 17, 2025
ASSEMBLY, No. 5458
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MARCH 17, 2025
Sponsored by: Assemblywoman JESSICA RAMIREZ District 32 (Hudson) SYNOPSIS Requires DCA and housing authorities to permit certain nonviolent ex-offenders to temporarily reside with family member in certain subsidized housing. CURRENT VERSION OF TEXT As introduced.
Sponsored by:
Assemblywoman JESSICA RAMIREZ
District 32 (Hudson)
SYNOPSIS
Requires DCA and housing authorities to permit certain nonviolent ex-offenders to temporarily reside with family member in certain subsidized housing.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the housing of nonviolent ex-offenders, supplementing chapter 8 of Title 46 of the Revised Statutes, and amending P.L.2021, c.110 and P.L.2004, c.140. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. (New section) a. As used in this section: "Family member" means a spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, and grandchild, as related by blood or by law. "Housing project" means the same as that term is defined pursuant to section 3 of P.L.1992, c.79 (C.40A:12A-3), and shall include, but shall not be limited to, a housing project supported by project-based federal rental assistance, authorized pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. s.1437f), or the State Rental Assistance Program pursuant to P.L.2004, c.140 (C.52:27D-287.1 et al.). "Nonviolent ex-offender" means a person who is leaving prison, or has been incarcerated within the preceding 12 months, and has not ever been convicted of a crime that: (1) was a violent crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); (2) consisted of the manufacture or production of methamphetamine on the premises of federally assisted housing; or (3) resulted in a lifetime registration requirement under a State sex offender registration program. b. A housing authority, including a housing authority created or continued pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), shall not prohibit a nonviolent ex-offender from moving into a housing project to reside with a family member. A housing authority may prohibit the nonviolent ex-offender from residing in the housing project for more than six months. 2. Section 5 of P.L.2021, c.110 (C.46:8-56) is amended to read as follows: 5. a. A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records: (1) arrests or charges that have not resulted in a criminal conviction; (2) expunged convictions; (3) convictions erased through executive pardon; (4) vacated and otherwise legally nullified convictions; (5) juvenile adjudications of delinquency; and (6) records that have been sealed. 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.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.2C:24-4, or any crime that resulted in lifetime registration in a state sex offender registry; (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; (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 (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. c. (1) A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines, by preponderance of the evidence, that the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest. Pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), a housing authority shall not withdraw a conditional offer based on an applicant's family member's criminal record, nor prohibit a nonviolent ex-offender, as defined pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), from moving into a rental dwelling unit in a housing project, as defined pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), to reside with a family member, as defined pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the nonviolent offender will reside in the rental dwelling unit for six months or less. (2) If a housing provider withdraws a conditional offer, the housing provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the conditional offer and an opportunity to appeal the denial by providing evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors. (3) The housing provider shall perform an individualized assessment of the application in light of the following factors: (a) the nature and severity of the criminal offense; (b) the age of the applicant at the time of the occurrence of the criminal offense; (c) the time which has elapsed since the occurrence of the criminal offense; (d) any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense; (e) the degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and (f) whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant. d. (1) the applicant may request, within 30 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records. (2) a housing provider shall provide the information requested under paragraph (1) of this subsection, free of charge, within l0 days after receipt of a timely request. (cf: P.L.2021, c.110, s.5) 3. Section 1 of P.L.2004, c.140 (C.52:27D-287.1) is amended to read as follows: 1. The Commissioner of Community Affairs shall establish a State rental assistance program for low income individuals or households. This program shall be in addition to and supplement any existing programs established pursuant to the "Prevention of Homelessness Act (1984)," P.L.1984, c.180 (C.52:27D-280 et al.). a. The program shall provide rental assistance grants comparable to the federal section 8 program, but shall be available only to State residents who are not currently holders of federal section 8 vouchers. b. Assistance to an individual or household under the State program shall be terminated upon the award of federal section 8 rental assistance to the same individual or household. c. The program shall reserve a portion of the grants for assistance to senior citizens aged 62 or older who otherwise meet the criteria of subsection a. of this section. d. The program shall reserve a portion of the grants for assistance to veterans who have successfully completed the Veterans Transitional Housing Program, or "Veterans Haven," a vocational and transitional housing program for homeless veterans administered by the New Jersey Department of Military and Veterans' Affairs. e. The program shall reserve a portion of the funds available to it for tenant-based vouchers to veterans, other than those veterans eligible for assistance pursuant to subsection d. of this section. f. The program shall reserve a portion of the funds available to it to establish and administer a program comparable to the federal section 8 Housing Choice Voucher Homeownership Program, authorized pursuant to Subpart M of Part 982 of Title 24 of the Code of Federal Regulations, to enable a household to use a program voucher to buy a home by providing monthly homeownership assistance or a single down payment assistance grant. g. The program shall reserve a portion of the funds available to it to establish and administer a program comparable to the federal Section 8 Housing Choice Voucher Family Self-Sufficiency Program, authorized pursuant to Section 1437u of Title 42 of the Code of Federal Regulations, to help families achieve economic independence and reduce dependence on welfare assistance and rental subsidies. h. The program shall reserve a portion of the funds available to it to establish and administer a Home Repair Emergency Assistance Fund, to assist families with costs of necessary home repairs and other homeownership expenses over the course of their participation. i. The program shall not prohibit a nonviolent ex-offender, as defined in subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), from moving into a housing unit to reside with a family member, as defined in subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the housing unit is supported by project-based rental assistance. The program may prohibit the nonviolent ex-offender from residing in the housing unit for more than six months. (cf: P.L.2024, c.98, s.1) 4. This act shall take effect immediately. STATEMENT This bill requires housing authorities, and the Department of Community Affairs, to permit a nonviolent ex-offender to temporarily reside with a family member in a housing project. The bill defines a "housing project" to mean the same as the term is defined in the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), and including housing authorized by section 8 of the United States Housing Act of 1937 (42 U.S.C. s.1437f), and project-based housing supported by the State rental assistance program. The bill defines a "non-violent ex-offender" as a person who is leaving prison, or has been incarcerated within the preceding 12 months, and has not ever been convicted of a crime that: was a violent crime enumerated in P.L.1997, c.117 (C.2C:43-7.2); consisted of the manufacture or production of methamphetamine on the premises of federally assisted housing; or resulted in a lifetime registration requirement under a State sex offender registration program. The bill also amends the "Fair Chance in Housing Act," P.L.2021, c.110 (C.46:8-52 et seq.) to prohibit a housing authority from withdrawing a conditional offer based on an applicant's family member's criminal record, or prohibiting a nonviolent ex-offender from moving into a rental dwelling unit in a housing project to reside with a family member for six months or less. This bill takes effect immediately.
An Act concerning the housing of nonviolent ex-offenders, supplementing chapter 8 of Title 46 of the Revised Statutes, and amending P.L.2021, c.110 and P.L.2004, c.140.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section:
"Family member" means a spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, and grandchild, as related by blood or by law.
"Housing project" means the same as that term is defined pursuant to section 3 of P.L.1992, c.79 (C.40A:12A-3), and shall include, but shall not be limited to, a housing project supported by project-based federal rental assistance, authorized pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. s.1437f), or the State Rental Assistance Program pursuant to P.L.2004, c.140 (C.52:27D-287.1 et al.).
"Nonviolent ex-offender" means a person who is leaving prison, or has been incarcerated within the preceding 12 months, and has not ever been convicted of a crime that:
(1) was a violent crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);
(2) consisted of the manufacture or production of methamphetamine on the premises of federally assisted housing; or
(3) resulted in a lifetime registration requirement under a State sex offender registration program.
b. A housing authority, including a housing authority created or continued pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), shall not prohibit a nonviolent ex-offender from moving into a housing project to reside with a family member. A housing authority may prohibit the nonviolent ex-offender from residing in the housing project for more than six months.
2. Section 5 of P.L.2021, c.110 (C.46:8-56) is amended to read as follows:
5. a. A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records:
(1) arrests or charges that have not resulted in a criminal conviction;
(2) expunged convictions;
(3) convictions erased through executive pardon;
(4) vacated and otherwise legally nullified convictions;
(5) juvenile adjudications of delinquency; and
(6) records that have been sealed.
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.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.2C:24-4, or any crime that resulted in lifetime registration in a state sex offender registry;
(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;
(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
(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.
c. (1) A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines, by preponderance of the evidence, that the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest. Pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), a housing authority shall not withdraw a conditional offer based on an applicant's family member's criminal record, nor prohibit a nonviolent ex-offender, as defined pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), from moving into a rental dwelling unit in a housing project, as defined pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), to reside with a family member, as defined pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the nonviolent offender will reside in the rental dwelling unit for six months or less.
(2) If a housing provider withdraws a conditional offer, the housing provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the conditional offer and an opportunity to appeal the denial by providing evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.
(3) The housing provider shall perform an individualized assessment of the application in light of the following factors:
(a) the nature and severity of the criminal offense;
(b) the age of the applicant at the time of the occurrence of the criminal offense;
(c) the time which has elapsed since the occurrence of the criminal offense;
(d) any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;
(e) the degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and
(f) whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant.
d. (1) the applicant may request, within 30 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records.
(2) a housing provider shall provide the information requested under paragraph (1) of this subsection, free of charge, within l0 days after receipt of a timely request.
(cf: P.L.2021, c.110, s.5)
3. Section 1 of P.L.2004, c.140 (C.52:27D-287.1) is amended to read as follows:
1. The Commissioner of Community Affairs shall establish a State rental assistance program for low income individuals or households. This program shall be in addition to and supplement any existing programs established pursuant to the "Prevention of Homelessness Act (1984)," P.L.1984, c.180 (C.52:27D-280 et al.).
a. The program shall provide rental assistance grants comparable to the federal section 8 program, but shall be available only to State residents who are not currently holders of federal section 8 vouchers.
b. Assistance to an individual or household under the State program shall be terminated upon the award of federal section 8 rental assistance to the same individual or household.
c. The program shall reserve a portion of the grants for assistance to senior citizens aged 62 or older who otherwise meet the criteria of subsection a. of this section.
d. The program shall reserve a portion of the grants for assistance to veterans who have successfully completed the Veterans Transitional Housing Program, or "Veterans Haven," a vocational and transitional housing program for homeless veterans administered by the New Jersey Department of Military and Veterans' Affairs.
e. The program shall reserve a portion of the funds available to it for tenant-based vouchers to veterans, other than those veterans eligible for assistance pursuant to subsection d. of this section.
f. The program shall reserve a portion of the funds available to it to establish and administer a program comparable to the federal section 8 Housing Choice Voucher Homeownership Program, authorized pursuant to Subpart M of Part 982 of Title 24 of the Code of Federal Regulations, to enable a household to use a program voucher to buy a home by providing monthly homeownership assistance or a single down payment assistance grant.
g. The program shall reserve a portion of the funds available to it to establish and administer a program comparable to the federal Section 8 Housing Choice Voucher Family Self-Sufficiency Program, authorized pursuant to Section 1437u of Title 42 of the Code of Federal Regulations, to help families achieve economic independence and reduce dependence on welfare assistance and rental subsidies.
h. The program shall reserve a portion of the funds available to it to establish and administer a Home Repair Emergency Assistance Fund, to assist families with costs of necessary home repairs and other homeownership expenses over the course of their participation.
i. The program shall not prohibit a nonviolent ex-offender, as defined in subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), from moving into a housing unit to reside with a family member, as defined in subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the housing unit is supported by project-based rental assistance. The program may prohibit the nonviolent ex-offender from residing in the housing unit for more than six months.
(cf: P.L.2024, c.98, s.1)
4. This act shall take effect immediately.
STATEMENT
This bill requires housing authorities, and the Department of Community Affairs, to permit a nonviolent ex-offender to temporarily reside with a family member in a housing project.
The bill defines a "housing project" to mean the same as the term is defined in the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), and including housing authorized by section 8 of the United States Housing Act of 1937 (42 U.S.C. s.1437f), and project-based housing supported by the State rental assistance program.
The bill defines a "non-violent ex-offender" as a person who is leaving prison, or has been incarcerated within the preceding 12 months, and has not ever been convicted of a crime that:
was a violent crime enumerated in P.L.1997, c.117 (C.2C:43-7.2);
consisted of the manufacture or production of methamphetamine on the premises of federally assisted housing; or
resulted in a lifetime registration requirement under a State sex offender registration program.
The bill also amends the "Fair Chance in Housing Act," P.L.2021, c.110 (C.46:8-52 et seq.) to prohibit a housing authority from withdrawing a conditional offer based on an applicant's family member's criminal record, or prohibiting a nonviolent ex-offender from moving into a rental dwelling unit in a housing project to reside with a family member for six months or less.
This bill takes effect immediately.