When an ordinance in clear violation of Megan’s Law was put on the books in Freehold, the association and local members were quick to voice concerns.
Due to the result of the outcry from local REALTORS® in Freehold when an ordinance that required sellers of an landlords renting residential dwellings located in “prohibited areas” of Freehold Township to certify that a potential lessor or purchaser was not a convicted sex offender who is listed on the registry website. The ordinance also would have prohibited real estate brokers and others from allowing someone to move into the property unless the certificate of compliance had been filed.
This was a clear violation of Megan’s Law, where local police are responsible for notifying the county prosecutor about the whereabouts of registered sex offenders. The county prosecutor would then determine which homeowners should be notified.
Two municipal ordinances were overruled in state appeals court in 2008 regarding restricting where sex offenders could live. The ordinances would have prohibited sex offenders from living within 2,500 feet of various places, such as day care centers, schools, parks or playgrounds. In an effort to validate Megan’s Law as the exclusive sex offender law in the state, the ruling may affect nearly 100 other towns’ similar sex offender ordinances.