Bill Text: NJ A4928 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes offense of harassment of residential tenant; expands liability of certain members of limited liability company that own residential rental properties.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced) 2026-05-07 - Introduced, Referred to Assembly Housing Committee [A4928 Detail]
Download: New_Jersey-2026-A4928-Introduced.html
Sponsored by:
Assemblyman KENYATTA STEWART
District 35 (Bergen and Passaic)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Establishes offense of harassment of residential tenant; expands liability of certain members of limited liability company that owns residential rental properties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning residential rental properties and amending various parts of the statutory law, and supplementing Title 2A and Title 2C of the New Jersey Statutes and Title 42 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person who is the owner of a residential rental property commits the offense of harassment of a residential tenant if, with the intent to induce the tenant to seek an alternate residence, the person:
(1) creates or maintains a condition which endangers the safety or health of a tenant;
(2) interferes with or disturbs the comfort, repose, peace or quiet of a tenant in the use and occupancy of the property including, but not limited to, the interruption or discontinuance of essential services;
(3) commits an act of violence, or threatens an act of violence, including threatening to kill or injure a tenant;
(4) creates or maintains circumstances, through words or actions, which have a clear intention to incite fear, apprehension, or danger in a tenant;
(5) repeatedly and unnecessarily enters the residential rental property;
(6) initiates demolition of or construction on the property;
(7) threatens to initiate immigration proceedings against the tenant;
(8) files frivolous eviction proceedings against the tenant;
(9) repeatedly, and through aggressive language or actions, offers to compensate the tenant for vacating the property;
(10) places outside of the property, or otherwise removes from the property or destroys, the personal effects or furniture of a tenant; or
(11) engages in any other course of conduct intended to coerce a tenant to vacate a residential rental property.
b. A person convicted of harassment of a residential tenant is guilty of a disorderly persons offense, except that:
(1) when the offense is committed under any of the factual circumstances described in subsection c. of this section, the person shall be guilty of a crime of the fourth degree;
(2) a person who is convicted of a second offense of harassment of a residential tenant shall be guilty of a crime of the fourth degree; and
(3) a person who is convicted of a third or subsequent offense of harassment of a residential tenant shall be guilty of a crime of the third degree.
c. There shall be a rebuttable presumption that a person has committed an offense of harassment of a residential tenant if a person engages in any prohibited conduct within six months of:
(1) a tenant filing a complaint concerning the person with a governmental agency;
(2) a tenant asserting rights under a residential lease agreement with the person pursuant to the lease agreement or relevant State law including, but not limited to, eviction proceedings;
(3) a tenant's participation in a tenant organization;
(4) the initiation of a dispute between the tenant and the person concerning rent, repairs, or the habitability of the property; or
(5) a finding by the court that the landlord violated the implied warranty of habitability.
d. A prosecutor may delay a prosecution for a violation of paragraph (1), (2), (4), (5), (6), (7), (8), (9), or (10) of subsection a. of this section for a period of 10 days to allow the defendant to cure any actions that are the subject of the violation. The prosecutor shall state, in writing, the actions to be taken by the defendant to cure the violation. If the defendant has complied with the terms established by the prosecutor, the prosecutor may withdraw charges.
e. Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of a violation of this section may bring a civil action in any court of competent jurisdiction. In any civil action under this section, in addition to any other appropriate legal or equitable relief, the court may award:
(1) a civil penalty of not less than $500 and not greater than $2,000 for the first violation;
(2) a civil penalty of not less than $1,000 and not greater than $2,500 and treble damages for a second or subsequent violation;
(3) punitive damages upon proof of willful disregard of the law;
(4) reasonable attorney's fees and other litigation costs reasonably incurred; and
(5) such other preliminary and equitable relief as the court determines appropriate.
f. The fact that a prosecution for a violation of this section is not instituted or, where instituted, terminates without a conviction shall not preclude a civil action pursuant to this section. A final judgment rendered in favor of the State in any criminal proceeding shall estop the defendant from denying the same conduct in any civil action brought pursuant to this section.
g. A civil action under this section shall not preclude the application of any other civil, administrative, or criminal remedy under any other provision of law.
h. Nothing in this section shall be construed to prevent a landlord from:
(1) filing an eviction proceeding for cause or action for unpaid rent when necessary and prudent and in good faith;
(2) imposing a rent increase in accordance with relevant State law;
(3) conducting necessary inspections of the property;
(4) performing necessary repairs, maintenance, or code compliance actions for the property;
(5) communicating with a tenant regarding lease compliance or violations; or
(6) entering the premises in accordance with relevant State law.
i. Pursuant to the provisions of R.S.40:48-2, a municipality may adopt an ordinance for the enforcement of this section through a municipal rent leveling board or other board or enforcement authority established by the municipality.
2. a. (New section) Every residential lease in this State shall contain a copy of the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A landlord who fails to provide the notice required pursuant to subsection a. of this section shall be subject to a fine of not more than $100, which may be collected and enforced by Commissioner of the Department of Community Affairs pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
3. (New section) a. The Commissioner of the Department of Community Affairs shall collect data on the number charges and convictions for violations of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), including the number of repeat charges and convictions and the number of charges and violations, including a breakdown by municipality and category of violation, that involve any of the factual circumstances described in subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The commissioner shall issue an annual report to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) concerning the data collected pursuant to subsection a. of this section. The annual report shall be made available to the public on the Department of Community Affairs website.
4. Section 2 of P.L.1974, c.50 (C.46:8-28) is amended to read as follows:
2. Every landlord shall, within 30 days following the effective date of [this act] P.L.1974, c.50, or at the time of the creation of the first tenancy in any newly constructed or reconstructed building, file with the clerk of the municipality, or with such other municipal official as is designated by the clerk, in which the residential property is situated, in the case of a one-dwelling unit rental or a two-dwelling unit non-owner occupied premises, or with the Bureau of Housing Inspection in the Department of Community Affairs in the case of a multiple dwelling as defined in section 3 of the "Hotel and Multiple Dwelling Law" , P.L.1967, c. 76 (C.55:13A-3), a certificate of registration on forms prescribed by the Commissioner of Community Affairs, which shall contain the following information:
a. The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. In the case of a partnership the names of all general partners shall be provided;
b. If the record owner is a corporation, or a limited liability company, the name and address of the registered agent, the members or shareholders with at least a 10 percent interest in the entity, and [corporate] the officers [of said corporation] or directors of the entity, as applicable;
c. If the address of any record owner is not located in the county in which the premises are located, the name and address of a person who resides in the county in which the premises are located and is authorized to accept notices from a tenant and to issue receipts therefor and to accept service of process on behalf of the record owner;
d. The name and address of the managing agent of the premises, if any;
e. The name and address, including the dwelling unit, apartment or room number of the superintendent, janitor, custodian or other individual employed by the record owner or managing agent to provide regular maintenance service, if any;
f. The name, address and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency;
g. The name and address of every holder of a recorded mortgage on the premises;
h. If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
(cf: P.L.2003, c.56, s.2)
5. Section 30 of P.L.2012, c.50 (C.42:2C-30) is amended to read as follows:
30. a. The debts, obligations, or other liabilities of a limited liability company, whether arising in contract, tort, or otherwise:
(1) are solely the debts, obligations, or other liabilities of the company; and
(2) do not become the debts, obligations, or other liabilities of a member or manager solely by reason of the member acting as a member or manager acting as a manager.
b. The failure of a limited liability company to observe any particular formalities relating to the exercise of its powers or management of its activities is not a ground for imposing liability on the members or managers for the debts, obligations, or other liabilities of the company.
c. Notwithstanding any provision of this section to the contrary, the members of a limited liability company who possess at least a 10 percent interest in a residential rental property shall be jointly and severally liable for a violation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that occurs on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2012, c.50, s.30)
6. (New section) a. A court may hold a corporation, limited liability company, or other legal or commercial entity liable for charges issued to that entity pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that occur on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Pursuant to subsection c. of section 30 of the "Revised Uniform Limited Liability Company Act," P.L.2012, c.50 (C.42:2C-30), with regard to any charge issued following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a court may hold the members of a member-managed limited liability company, the managers of a manager-managed limited liability company, and the directors and officers of a corporation, who exercise operational control over a residential rental property jointly and severally liable for charges issued pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that occurs on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), so long as:
(1) (a) there are at least two charges pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that occurs on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning the property leased to a tenant by the entity for residential purposes; or
(b) one or more charge is for a violation involving any of the factual circumstances described in subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that occurred on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) notice of the charge and impending enforcement under this section has been issued to the address of the record owner, the registered agent, the managing agent, the members and managers in the case of a limited liability company, the directors and officers in the case of a corporation, and each holder of a recorded mortgage and other existing lienholders, if provided within the landlord's registration information pursuant to section 2 of P.L.1974, c.50 (C.46:8-28). If the landlord is not registered, in violation of section 2 of P.L.1974, c.50 (C.46:8-28), then the notice required under this paragraph shall not apply. The notice provided to an individual pursuant to this paragraph shall be sufficient even if the corporation or limited liability company ceases to own the property, so long as the same individual has a role as a registered agent, managing agent, member, manager, director, or officer of the commercial entity serving as the new owner of the property;
(3) the individual, if a member of a member-managed limited liability company, possesses at least a 10 percent interest in the business;
(4) the individual does not successfully assert an affirmative defense pursuant to subsection c. of this section; and
(5) the individual knowingly participated in or directed the conduct that led to the violation, or had the authority and ability to prevent the violation and willfully failed to do so.
c. It is an affirmative defense to joint and several liability under this section, if the defendant did not have the ability to prevent a violation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that occurs on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), due to a limited duration of involvement with the commercial entity or for another reason, if determined by the court to eliminate the defendant's culpability for the non-payment of the charge.
d. As used in this section, "charge" means any fee, fine, penalty, or other charge issued to a landlord, concerning residential property leased by the landlord, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that occurs on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect immediately.
STATEMENT
This bill establishes the offense of harassment of a residential tenant, and expands the liability of certain individuals associated with limited liability companies in relation to residential properties that they lease.
Offense of Harassment of a Residential Tenant
Under the bill, a person commits the offense of harassment of a residential tenant if, with the intent to induce the tenant to seek an alternate residence, the person:
� creates or maintains a condition which endangers the safety or health of a tenant;
� interferes with or disturbs the comfort, repose, peace or quiet of a tenant in the use and occupancy of the property including, but not limited to, the interruption or discontinuance of essential services;
� commits an act of violence, or threatens an act of violence, including threatening to kill or injure a tenant;
� creates or maintains circumstances, through words or actions, which have a clear intention to incite fear, apprehension, or danger in a tenant;
� repeatedly and unnecessarily enters the residential rental property;
� initiates demolition of or construction on the property;
� threatens to initiate immigration proceedings against the tenant;
� files frivolous eviction proceedings;
� repeatedly, and through aggressive language or actions, offers to compensate the tenant for vacating the property;
� places outside of the property, or otherwise removes from the property or destroys, the personal effects or furniture of a tenant; or
� engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy a tenant.
Criminal Penalties
Harassment of a residential tenant is a disorderly persons offense. However, it is a crime of the fourth degree if a person is convicted twice, and it is a crime of the third degree if a person is convicted on three or more occasions. It is also a crime of the fourth degree if a landlord is convicted of committing the offense in retaliation for a tenant filing a complaint concerning the person with a governmental agency; asserting rights under a residential lease agreement with the person pursuant to the lease agreement or relevant State law including, but not limited to, eviction proceedings; participation in a tenant organization; or the initiation of a dispute between the tenant and the person concerning rent, repairs, or the habitability of the property. A disorderly persons offense is punishable by up to six months imprisonment, a fine up to $1,000, or both. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the third degree is punishable by a crime of the third degree is punishable by a term of three to five 6 years imprisonment, a fine of up to $15,000, or both.
Procedures for Prosecution
A prosecutor may delay a prosecution for a violation under the bill, provided the violation does not involve an act of violence, for a period of 10 days to allow the defendant to cure any actions that are the subject of the violation. If the prosecutor delays a prosecution, the prosecutor is required to state, in writing, the actions to be taken by the defendant to cure the violation. If the defendant has complied with the terms established by the prosecutor, the prosecutor may withdraw charges.
There is a rebuttable presumption established under the bill that a landlord who acts in retaliation for one of the aforementioned actions by a tenant has committed an offense of harassment of a residential tenant under the bill.
Civil Penalties
The bill further authorizes a civil action and establishes penalties for violations under the bill. The bill also authorizes a municipality to adopt an ordinance for the enforcement of this bill through a municipal rent leveling board or other board or enforcement authority established by the municipality. The bill clarifies that none of its provisions are to be construed to prevent a landlord from making necessary repairs to or performing maintenance on a residential rental property, or conducting necessary inspections of the property. Every residential lease is required to contain a copy of the provisions of the bill which establish the offense of harassment of a residential tenant. A landlord who fails to provide the required notice is subject to a fine of not more than $100.
Reporting and Data Gathering by DCA
The bill requires the Commissioner of the Department of Community Affairs to compile data on the number charges and convictions for the offense of harassment of a residential tenant, including the number of repeat charges and convictions. The commissioner is required to issue an annual report to the Governor and the Legislature concerning the number of charges and convictions, including repeat offenses. The report is to be made available to the public on the Department of Community Affairs website.
Liability for Limited Liability Companies
The bill also expands the liability of certain individuals associated with limited liability companies and other commercial entities in relation to residential properties that they lease. In addition to retaining the ability to hold a limited liability company itself liable for housing, building, and health code charges, and charges issued under the "Hotel and Multiple Dwelling Law," ("HMDL") P.L.1967, c.76 (C.55:13A-1 et seq.), a court may hold certain members of a limited liability company that owns a residential rental property jointly and severally liable for an offense of harassment of a residential tenant that occurred on or after the effective date of the bill. The bill provides that only members who exercise operational control over a residential rental property may be held jointly and severally liable for charges issued pursuant to the provisions of the bill.
Specifically, the bill provides that a court may hold certain members of a member-managed limited liability company, the managers of a manager-managed limited liability company, and the directors and officers of a corporation, jointly and severally liable for charges relating to an offense of harassment of a residential rental tenant, so long as:
� at least two charges have been filed relating to the offense, or one or more charge is for a retaliatory violation;
� notice of the charge and impending enforcement under this section has been issued to the address of the record owner, the registered agent, the managing agent, the members and managers in the case of a limited liability company, the directors and officers in the case of a corporation, and each holder of a recorded mortgage and other existing lienholders, if provided within the landlord's registration information pursuant;
� the individual, if a member of a member-managed limited liability company, possesses at least a 10 percent interest in the business;
� the individual does not successfully assert an affirmative defense under the bill; and
� the individual knowingly participated in or directed the conduct that led to the violation, or had the authority and ability to prevent the violation and willfully failed to do so.
