Having a criminal conviction of any kind can impact an individual’s life in many ways. Many states, including New Jersey, have passed laws in recent years to prevent landlords from discriminating against people with misdemeanor or felony convictions. A DWI on your record will generally not affect you when renting an apartment, but additional charges or aggravating factors may. If you are wondering how your charges will impact your life, reach out to a Bergen County DWI attorney for more information and legal advice.
The simple answer is yes, having a DWI conviction on your record may potentially affect your ability to rent an apartment. New laws have been passed in an effort to reduce discrimination against those with criminal records or convictions. Because DWIs are considered traffic offenses in New Jersey they may not be present on a criminal background check, but will generally be displayed on the individual’s driving record or other checks.
Since a DWI is a traffic offense and not considered a criminal offense, it is now illegal for a landlord to discriminate against an applicant because of a drunk driving conviction. However, if the DWI is coupled with another offense like manslaughter or endangering a child, it may be considered.
In 2021, New Jersey Governor Phil Murphy signed the “ban the box” law, formally referred to as the Fair Chance in Housing Act (FCHA). This law prevents landlords from discriminating against applicants with a criminal history by controlling when a landlord can run a background check and how they can use the information to make their decision.
Under the FCHA, landlords are not permitted to inquire about an applicant’s criminal history on the rental application nor ask them about it during the initial application process. Only after first extending a conditional offer of the apartment to the individual can a background check be run. After making a conditional offer, a landlord can consider the following when determining whether to rescind the offer or allow the applicant to move in.
If a landlord wants to rescind the conditional job offer after reviewing a background check they must explain why. It is important to keep in mind that driving under the influence is not technically a criminal offense in New Jersey, and certainly not an indictable crime. Because it is a traffic offense it generally cannot be used as a reason not to rent an apartment out. However, people and landlords have certain biases or prejudices and may attempt to rescind the conditional offer.
Work with an experienced DWI lawyer to fight your charges and learn more about your rights.
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