Criminal Background Checks on the Horizon for Home Enterprise Industry

A bill recently introduced and currently under review by the Assembly Consumer Affairs Committee (A3889), if passed, would require criminal background checks for owners and employees of home services enterprises. The bill defines “home service enterprise” as any public or private business, corporation or partnership which provides for a fee a service requiring entry into the home. It does not include individuals who are independent contractors or those not regularly engaged in the business for which they are hired. Under the proposed statute, the background checks will be conducted by the Division of Consumer Affairs. If the Division finds that an owner or employee of a home service enterprise has a conviction for: 1) a disorderly persons offense; 2) a crime against the family, children, or incompetents; 3) theft; or 4) a crime involving any controlled dangerous substance in New Jersey or elsewhere, the person may be disqualified from owning or being employed by the enterprise. If the bill is passed, all owners of a home service enterprise must apply to the Division for certification to own the enterprise within 90 days of the bill’s effective date. The owners/applicants will bear the cost of the background checks. Individuals will have 30 days to petition any disqualification and show rehabilitation.