Bill Text: NJ A4919 | 2026-2027 | Regular Session | Introduced
Bill Title: Requires Division of Consumer Affairs to investigate allegations of excessive or discriminatory rent setting on affordable housing.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced) 2026-05-07 - Introduced, Referred to Assembly Housing Committee [A4919 Detail]
Download: New_Jersey-2026-A4919-Introduced.html
Sponsored by:
Assemblyman KENYATTA STEWART
District 35 (Bergen and Passaic)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblyman Kearney
SYNOPSIS
Requires Division of Consumer Affairs to investigate allegations of excessive or discriminatory rent setting on affordable housing.
CURRENT VERSION OF TEXT
As introduced.
An Act enhances protections against excessive or discriminatory rent setting for affordable housing and supplementing chapter 18 of Title 2A 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:
"Excessive rent" means rent charged for a low- or moderate-income housing unit that:
(1) exceeds the maximum rent permitted under any federal, State, or local affordable housing program requirements, including, the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.) or regulations of the New Jersey Housing and Mortgage Finance Agency;
(2) increases by more than 10 percent within a year for a deed-restricted or subsidized unit without documented justification approved by the appropriate oversight entity; or
(3) is inconsistent with rent schedules filed with or approved by a governmental entity.
"Low- or moderate-income rental housing unit" or "housing unit" means a housing unit offered for rent that is occupied by, made available to, or reserved for occupancy by, a low- or moderate-income tenant and is deed-restricted, subsidized, otherwise subject to affordability controls under federal, State, or local law.
"Low- or moderate-income tenant" means a tenant or prospective tenant:
(1) of a housing unit reserved for occupancy by low- or moderate-income households pursuant to the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.); or
(2) who is participating in in the State rental assistance program, established pursuant to section 1 of P.L.2004, c.140 (C.52:27D-287.1).
b. In addition to any other protections against the charging of excessive rent, a low- or moderate-income tenant, or municipal housing official, may report the charging of excessive rent on a low- or moderate-income rental housing unit to the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. Acting on a complaint by a tenant or prospective tenant, the director shall investigate the owner of a low- or moderate-income rental housing unit, or any other company involved with the setting of rents, that is alleged to have engaged in rent setting that is excessive or discriminatory within 30 days of the receipt of a complaint, and to the extent practicable, make a determination within 90 days.
c. In addition to any other applicable penalties, an owner of a low- or moderate-income rental housing unit, or any other company involved with the setting of rents that is found to have engaged in rent setting found to be excessive, or discriminatory or has acted in reprisal against a tenant for filing a complaint or participating in an investigation shall be liable to a civil penalty of $1,000 for the first violation, $2,500 for the second violation, and $5,000 for each subsequent violation, recoverable by a summary proceeding under the "Penalty Enforcement Law of 1999" P.L.1999, c.274 (C.2A:58-10 et seq.) and be liable to restitution to an affected tenant in an amount equal to the excess rent paid and interest. No owner, or company, shall be found liable if the rent charged is in compliance with applicable federal, State, or local agency or judiciary requirements. A municipality may, by ordinance, enact additional penalties pursuant to rent control or rent increase ordinances. The Superior Court, Law Division, Special Civil Part in the county in which the rental unit are located shall have jurisdiction over such proceedings.
d. An owner of a low- or moderate-income rental housing unit, or any other company involved with the setting of rents, shall be prohibited from acting in reprisal against a tenant or prospective tenant for filing a complaint or participating in an investigation. Reprisal for filing a complaint or participating in an investigation shall constitute an additional and separate violation.
e. The Director of the Division of Consumer Affairs shall submit a report detailing the number of complaints received; the number of investigations conducted; the number and nature of violations found; penalties assessed; and any recommendations to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on or before March 1 of each year.
f. On or before the first day of the third month next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the provisions of this section including, but not limited to, standards for what would be considered excessive or discriminatory rent setting on low- or moderate-income rental housing units, and procedures for how a low- or moderate-income tenant may file a complaint alleging a rent setting violation through the Division of Consumer Affairs in the Department of Law and Public Safety.
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill requires the Director of the Division of Consumer Affairs to investigate a complaint by a low- or moderate-income tenant, or municipal housing official, who alleges the charging of excessive rent on a low- or moderate-income rental housing.
The bill provides that an owner of a low- or moderate-income rental housing unit, or any other company involved with the setting of rents, that is found to have engaged in rate setting that is deemed excessive or discriminatory or has acted in reprisal against a tenant for filing a complaint or participating in an investigation is liable for a penalty of $1,000 for the first violation, $2,500 for the second violation, and $5,000 for each subsequent violation and restitution to an affected tenant in an amount equal to the excess rent paid and interest. The bill provides that no owner, or company, shall be found liable if the rent charged is in compliance with applicable federal, State, or local agency or judiciary requirements. The bill permits a municipality to enact an ordinance proscribing additional penalties pursuant to rent control or rent increase ordinances.
The bill prohibits an owner of a low- or moderate-income rental housing unit, or any other company involved with the setting of rents, shall be prohibited from acting in reprisal against a tenant or prospective tenant for filing a complaint or participating in an investigation. Reprisal for filing a complaint or participating in an investigation shall constitute an additional and separate violation.
The bill requires the Director of the Division of Consumer Affairs to submit a report detailing the number of complaints received; the number of investigations conducted; the number and nature of violations found; penalties assessed; and any recommendations to the Governor and to the Legislature on or before March 1 of each year.
The bill directs Director of the Division of Consumer Affairs to adopt rules and regulations including, but not limited to, standards for what would be considered excessive or discriminatory rent setting on low- or moderate-income rental housing units, and procedures for how a low- or moderate-income tenant may file a complaint alleging a rent setting violation through the Division of Consumer Affairs in the Department of Law and Public Safety.
