The F.O.R.T.E. House community applauds Governor Phil Murphy and the New Jersey legislature for enacting the Fair Chance Housing Bill--a.k.a. “Ban the Box”--last week, placing limits on what information landlords can access when a person applies for housing. In the past, that little box on a form allowed a landlord to refuse to rent to anyone with a criminal record.
Now, landlords can only request information if the prospective tenant is a registered sex offender, or was convicted of making methamphetamines in federally-assisted housing. Once a landlord makes a conditional offer to a tenant, he or she can run a criminal background check, but can only consider offenses of the first-degree within six years, second- or third-degree crimes from the previous four years, or fourth-degree offenses from within a year.
Yes, it’s progress. It’s encouraging to see our government leaders willing to lead in redefining the methods and long-term impact of the criminal justice system. But a truly fair chance requires broader change, both in systems and in mindset.
An individual just coming out of jail and prison applies for an apartment--but has no credit rating and probably few or no references. Transitional housing is in short supply, and many of the shelters are unsafe. Some of the options targeted to people upon release simply replicate the carceral state with restrictions--not an ideal environment in which to build a new life. Those without community support within the first 6 months after release have a higher chance of recidivating. The moment when housing is most critical to success is the time when it’s least accessible. We need to address this problem with greater state investment in safe, affordable housing, and a clear path for those formerly incarcerated to secure their place in it.
The new law will most benefit those whose housing options have been at risk because of an act they may have committed decades ago. Ghosts of past crimes haunt the formerly incarcerated for life--not only in housing but also in employment, travel, and other areas of life. This is why a change in mindset, as well as law, is required. The person who entered prison is not the same person who leaves. Most are ready to start a new life.
Yet re-incarceration rates are still high. Why? Because the foundations of a new life--safe housing, meaningful work, educational opportunity, social supports, and post-traumatic stress counseling--are rarely all accessible. And housing is the starting point. As a society, we must stop punishing people for crimes committed years, or decades, ago. We must give formerly incarcerated individuals a true “fair chance” at housing and employment and education and community engagement. We need to replace stigma with support, and even welcome.
A formerly incarcerated friend was attending college and earning a 4.0-grade point average when her housing with a family member evaporated. She slept in her car for several weeks and showered on campus. She used a part of her student loans to pay for an apartment. She calls housing “life-saving, not just life-changing.”
So, thank you Governor Murphy for this step. Now let’s talk about all the other steps needed for transformation. Let’s re-think justice, and allow thousands of people the chance to reshape their lives and contribute to their communities.
-Tia Ryans
Founder & Executive Director
