New  Jersey allows its towns and cities to create sex offender free zones typically around schools and parks. That is all well and good, but Freehold Township created a regulation that expects the sellers or homeowners to do a background check to determine if the buyer is a sex offender. However, the sex offender registry states in its terms of use it is illegal to use the sexual offenders site to deny housing.

So what is the landlord or seller to do? Break the state law, or break the local ordinance. Both sides are trying to do the right thing, but ill thought out legislation puts a burden on the property owner.

Fortunately, the Freehold Township committee is revisiting the regulations.

Like at least 45 other municipalities in Monmouth and Ocean counties, the township limits the areas where registered sex offenders can live. But unlike similar ordinances, the township’s rules outlined, at least in part, how officials planned to make sure their sex-offender-free zones were enforced.
They decided to require sellers or landlords of homes near places such as parks and schools to make sure a new home buyer or tenant was not listed on the state’s sex offender Web site.
It was that part of the ordinance that concerned Grasso, who learned about the local rule after inquiries from the “Asbury Park Press.” He wrote to officials here, who then agreed to hold off on requiring that Internet check, while they drafted a new set of guidelines. via CourierPostOnline

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