[HISTORY: Adopted by the City Council of the City of Atlantic
City 11-15-2017 by Ord. No. 32-2017. Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
Any judgment of adjudication by a court of competent jurisdiction
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.
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.
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.
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.
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 assist 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.
Real estate, lands, multiple dwellings and leaseholds, provided
however, that provisions of this article shall not apply to the rental
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
A room or rooms to another person or persons by the owner-occupant
of a one-family dwelling occupied by him/her as his/her residence
or the household of his/her family at the time of such rental.
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 and
that the failure to provide consent may disqualify the applicant from
consideration;
(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 § 114-4 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.
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 on an applicant 's eligibility.
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.
(2)
Disorderly persons convictions for 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.
B.
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; and
(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.
In connection with any rental, lease, assignment or sublease 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 § 114-3:
A.
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 2A:168A-16;
B.
The amount of time that has passed since the conviction(s) and/or
release from custody; and
C.
The nature and circumstances surrounding the crime(s).
In connection with any adverse decision regarding a rental,
lease, or sublease: 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:
A.
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 § 114-4 of this article; and
B.
Provide the applicant with a copy of the results of the criminal
history inquiry.
In connection with any rental, lease or sublease, any information
pertaining to an applicant's criminal history obtained in conjunction
with the rental, lease or sublease process:
A.
Shall remain confidential; and
B.
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; and
C.
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
D.
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.
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 rules-based eligibility restrictions applicable to the rental, lease or sublease of real property as described in § 114-8A herein, so long as such expression is limited to the specified offense(s) and time period(s) as established by law.
B.
In any such 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 authorize the advertisement.
The prohibitions of this article shall not apply:
A.
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.
B.
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 obligated to encourage the provision of housing
for individuals with criminal histories.
As used in this article:
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.
The City of Atlantic City or any City department, agency,
board or commission or any employee or agent thereof.
Any sentence arising from a verdict or plea of guilty or
nolo contendere or, including a sentence of incarceration, a suspended
sentence, a sentence of probation or a sentence of unconditional discharge.
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.
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.
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 purposes of this article, include any license,
authorization or permit to possess, carry or fire any explosive, pistol,
handgun, rifle, shotgun or other firearm.
Any applicant who meets all other criteria for a license,
pursuant to the applicable provisions of the Revised General Ordinances
of Atlantic City.
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.
In connection with any decision by the City regarding a license:
A.
Subject to the terms of this article, the City 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;
(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; and
(3)
Pending criminal charges.
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; and
(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.
In connection with any decision regarding a license, 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 § 114-12:
A.
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 indicates and includes
but is not limited to certificates issued pursuant to N.J.S.A. 2A:168A-1
to 2A:168A-16;
B.
The amount of time that has passed since the conviction(s) and/or
release from custody; and
C.
The nature of and circumstances surrounding the crime(s).
In connection with any adverse decision regarding a license:
A.
If, after conducting a criminal history inquiry, this 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:
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 the prior section herein 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 § 114-13A herein. 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 § 114-13A herein, 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 subsection.
In connection with any decision regarding a license, any information
obtained by the City that pertains to an applicant's criminal
history:
A.
Shall remain confidential; and
B.
Should 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; and
C.
Shall not be used, distributed or disseminated by the City for any
use other than those described in this article; and
D.
Shall not be used, distributed or disseminated by the City to any
other entity or individual, except as dictated by law.
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 City Council that exemptions under this article
be interpreted narrowly.
The City of Atlantic City Business Administrator shall designate
an office or department that shall enforce the provisions of this
article.
