Bill Text: NJ A835 | 2024-2025 | Regular Session | Introduced
Bill Title: Criminalizes certain actions of individuals who offer rental of residential property that they do not own or legally possess.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Housing Committee [A835 Detail]
Download: New_Jersey-2024-A835-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywoman Speight, Assemblyman Spearman and Assemblywoman Quijano
SYNOPSIS
Criminalizes certain actions of individuals who offer rental of residential property that they do not own or legally possess.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act criminalizing certain actions of individuals who offer residential property for rent without a lawful ownership or occupancy interest, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Benefit" includes, but need not be limited to, any pecuniary amount, any property, any services, any pecuniary amount sought to be avoided, or any injury or harm perpetrated on another where there is no pecuniary value.
b. A person is guilty of a crime if the person engages in one or more of the following actions by any means, including, but not limited to, the use of electronic communications or an internet website:
(1) purposefully or knowingly claims ownership or possession, or takes possession, of a residential dwelling without the consent of the lawful owner or an authorized agent of the lawful owner, for the purpose of renting the dwelling to another person or otherwise obtaining a benefit; or
(2) purposefully or knowingly causes another person to take possession of a residential dwelling without the consent of the lawful owner or an authorized agent of the lawful owner, for the purpose of obtaining a benefit.
c. (1) A person who violates this section shall be guilty of a crime of the fourth degree. Each violation is a separate offense.
(2) A violation of P.L.2002, c.133 (C.2A:18-61.62 et seq.) shall be considered a violation of the New Jersey consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.).
d. This section does not preclude the prosecution and conviction of a person under any other applicable provision of law.
e. (1) This section does not apply to a tenant, subtenant, lessee, sublessee, or assignee having a lawful occupancy interest in a residential dwelling.
(2) This section does not apply to a real estate professional in the ordinary course of business who is operating under a good-faith understanding that a client or customer, or potential client or customer, has a lawful occupancy interest in the residential dwelling.
(3) Nothing in this section shall be construed to impose criminal or civil liability on an interactive computer service, as defined in 47 U.S.C. s.230.
2. This act shall take effect immediately.
STATEMENT
This bill would criminalize certain actions by "imposter landlords," who rent out or advertise for rent residential dwellings they do not own or lawfully possess.
This bill provides that a person would be guilty of a crime of the fourth degree, and in violation of the New Jersey consumer fraud act ("CFA"), P.L.1960, c.39 (C.56:8-1 et seq.), by claiming ownership or possession of a residential dwelling without the permission of the lawful owner or the owner's agent in order to rent the property out or obtain another benefit. The bill provides that a person would also be guilty of a crime of the fourth degree, and in violation of the CFA, if those actions or representations cause another person to take possession of a residential dwelling in order to collect rent or obtain another benefit, without permission of the lawful owner or the owner's agent. A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both. Violations of the CFA may result in an award of treble damages and court costs in an action initiated by the plaintiff, and authorize the Attorney General to initiate an action on the victim's behalf. These types of frauds are often conducted through the internet, via postings to online marketplaces such as Craigslist.
This bill does not apply to tenants, subtenants, lessees, sublessees, or assignees who have a lawful occupancy interest in a property. The bill also would not apply to a real estate professional operating under a good-faith understanding that a client, customer, or potential client or customer, has a lawful interest in a residential dwelling. The bill would not impose any form of criminal or civil liability on an interactive computer service, as defined in federal law under 47 U.S.C. s.230.
Finally, a person in violation of the provisions of this bill would not be immune from potential actions for theft, common law fraud, or any other civil or criminal liability not expressly described in the bill.
