Fair Housing

A NJ property management company that conducts background checks on all applicants must be careful that:

ABackground checks are only performed on applicants who appear risky
BThe background check policy is applied uniformly to all applicants and does not result in discriminatory screening of protected classes✓ Correct
CCriminal records automatically disqualify all applicants
DOnly public criminal records are checked

Explanation

HUD guidance and NJ LAD principles require that criminal background check policies be applied uniformly and consider the nature, gravity, and recency of offenses. A blanket exclusion can have a disparate impact on certain protected classes and may violate fair housing laws.

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