Bill Text: NJ A5756 | 2022-2023 | Regular Session | Amended

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Bill Title: Requires establishment of residential rental habitability database and provides certain penalties and causes of action concerning residential leases.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2023-12-28 - Received in the Senate, Referred to Senate Budget and Appropriations Committee [A5756 Detail]

Download: New_Jersey-2022-A5756-Amended.html

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[First Reprint]

ASSEMBLY, No. 5756

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2023

 

 

Sponsored by:

Assemblywoman  LINDA S. CARTER

District 22 (Middlesex, Somerset and Union)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywomen Reynolds-Jackson and Quijano

 

 

 

 

SYNOPSIS

     Requires establishment of residential rental habitability database and provides certain penalties and causes of action concerning residential leases.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on December 18, 2023, with amendments.

  

An Act concerning residential rental property, including dwelling unit habitability and residential lease requirements, supplementing chapter 27D of Title 52 of the Revised Statutes, and amending P.L.2013, c.206 and P.L.1971, c.224.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  (New section)  The Commissioner of Community Affairs, in coordination with the Administrative Director of the Courts, shall establish and maintain a habitability database, which shall include an index showing, and a file containing, with respect to each multiple dwelling that is leased to a residential tenant:

     (1)  information pertaining to landlord identification that is required to be submitted to the Department of Community Affairs by a residential landlord pursuant to section 12 of P.L.1967, c.76 (C.55:13A-12), or any other information that the commissioner determines necessary to effectuate the purposes of P.L.    ,
c.    (C.        ) (pending before the Legislature as this bill);

     (2)  any violation of the implied warranty of habitability that exists for the landlord's residential rental dwelling units as determined by a Judge of the Superior Court of New Jersey, Law Division, Special Civil Part, or by a Judge of the Superior Court of New Jersey, Law Division, if the action was removed to the Law Division pursuant to P.L.1951, c.344 (C.2A:18-60), in a vicinage in this State, including units and multiple dwellings that are not subject to the present landlord-tenant action, whether asserted as a defense by a residential tenant, or pursuant to an action brought by a residential tenant in an action pursuant to P.L.1971, c.244 (C.2A:42-85 et seq.); and

     (3)  each notice and order, violation, or citation issued for the landlord's residential rental dwelling units, including units and multiple dwellings that are not subject to the present landlord-tenant action, by the Department of Community Affairs or by the municipal department or agency having jurisdiction over buildings located in the respective municipality, that are related to: habitability; fire safety; health; utilities including gas, water, or electricity; noise violations; and any other notice or order, violation, or citation determined necessary by the commissioner to effectuate the purposes of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     b.  It shall be the duty of the municipal department or agency having jurisdiction over buildings located in the respective municipality, to file with the commissioner a true copy of each notice and order, violation, or citation of such municipal department or agency alleging the occupation of a building containing a violation as prescribed by subsection a. of this section, or the existence of a nuisance in the building and of each notice, order, rule, or certificate showing the clearance, correction, or abatement of the violation or nuisance within seventy-two hours from the date of issuance of the notice, order, rule, or certificate.  The municipal department or agency filing the true copy with the commissioner may charge reasonable fees for the inspection of multiple dwellings, which may offset the costs of compliance with the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill). 

     c.  A defect contained in an index and file, whether violations of the implied warranty of habitability, or of other notices and orders, violations, or citations, pursuant to subsection a. of this section, shall be categorized:

     (1)  as a first, second, or third and subsequent defect;

     (2)  by the length of time that the defect has persisted; and

     (3)  by whether or not the subject of the defect is non-hazardous, hazardous, or immediately hazardous.

     d.  In any landlord-tenant action or proceeding before the Superior Court of New Jersey, Law Division, Special Civil Part, or before the Superior Court of New Jersey, Law Division, if the action was removed to the Law Division pursuant to P.L.1951, c.344 (C.2A:18-60):

     (1)  the index and files required pursuant to subsection a. of this section shall be electronically displayed or printed, and copies made available for the court and all litigants; ¹and¹

     (2)  the contents of the index and files shall constitute prima facie evidence of any matter stated therein ¹[; and

     (3)  the courts shall take judicial notice of the information contained in the index and files as if the same were certified as true]¹ .

     e.  As used in this section:

     "Commissioner" means the Commissioner of Community Affairs.

     "Multiple dwelling" means the same as the term is defined in subsection (k) of section 3 of P.L.1967, c.76 (C.55:13A-3).

 

     2.  (New section)  A landlord who violates subsection a. of section 2 of P.L.2013, c.206 (C.2A:18-61.67) shall:

     (1)  be liable for a penalty of $500 for a first offense, and $1,000 for a second and any subsequent offense.  The penalty shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court, Law Division, Special Civil Part in the county in which the residential rental property is located shall have jurisdiction over the proceedings.  Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Commissioner of Community Affairs or the Attorney General; and

     (2)  also, at the discretion of the tenant, be subject to a separate cause of action by the tenant in the Superior Court, Law Division, Special Civil Part in the county in which the rental premises are located.  The tenant may recover $500 for a first offense by the landlord, and $1,000 for a second and any subsequent offense by the landlord, in addition to reasonable attorney's fees or expenses.

 

     3.  Section 2 of P.L.2013, c.206 (C.2A:18-61.67) is amended to read as follows:

     2.  a.  If a residential lease agreement provides that the landlord is or may be entitled to recover attorney's fees or expenses, or both from the tenant for any action or summary proceeding arising out of the lease, as described in section 1 of P.L.2013, c.206
(C.2A:18-61.66), the lease clause shall also contain the following provision in a bold typeface in a font size no less than one point larger than the point size of the rest of the lease clause or 11 points, whichever is larger:

     IF THE TENANT IS SUCCESSFUL IN ANY ACTION OR SUMMARY PROCEEDING ARISING OUT OF THIS LEASE, THE TENANT SHALL RECOVER ATTORNEY'S FEES OR EXPENSES, OR BOTH FROM THE LANDLORD TO THE SAME EXTENT THE LANDLORD IS ENTITLED TO RECOVER ATTORNEY'S FEES OR EXPENSES, OR BOTH AS PROVIDED IN THIS LEASE.

     b.  A landlord who violates subsection a. of this section shall be liable to the penalties and action set forth by section 2 of P.L.    ,
 c.    (C.        ) (pending before the Legislature as this bill).

(cf: P.L.2013, c.206, s.2)

 

     4.  Section 2 of P.L.1971, c.224 (C.2A:42-86) is amended to read as follows:

     2.  The following terms whenever used or referred to in [this act] P.L.1971, c.224 (C.2A:42-85 et seq.) shall have the following respective meanings, unless a different meaning clearly appears from the context [.] :

     a.  "Public officer" shall mean the officer, officers, board or body who is or are authorized by the governing body of a municipality to supervise the physical condition of dwellings within such municipality pursuant to this act.

     b.  "Owner" shall mean the holder or holders of the title in fee simple.

     c.  "Parties in interest" shall mean all individuals, associations and corporations who have interests of record in a dwelling, and who are in actual possession thereof and any person authorized to receive rents payable for housing space in a dwelling.

     d.  "Dwelling" means [and includes] all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units.

     e.  "Housing space" means that portion of a dwelling rented or offered for rent for living or dwelling purposes in which cooking equipment is supplied, and includes all privileges, services, furnishings, furniture, equipment, facilities, and improvements connected with the use or occupancy of such portion of the property.  [The term] "Housing space" shall not [mean or] include [public housing or] dwelling space in any hotel, motel or established guest house, commonly regarded as a hotel, motel or established guest house, as the case may be, in the community in which it is located.

     f.  (Deleted by amendment, P.L. 1985, c. 411.)

     g.  (Deleted by amendment, P.L. 1985, c. 411.)

     h.  "Substandard dwelling" means any dwelling determined to be substandard by the public officer.

     i.  "State Housing Code" means the code adopted by the Department of Community Affairs pursuant to P.L. 1966, c. 168
(C. 2A:42-74 et seq.).

     j.  "Utility company" means a public utility, as defined in R.S. 48:2-13, or a municipality, county, water district, authority or other public agency, which provides electric, gas or water utility service.

(cf: P.L.1985, c.411, s.2)

 

     5.  The Commissioner of Community Affairs, in consultation with the Administrative Director of the Administrative Office of the Courts, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that are necessary to effectuate the provisions of P.L.    ,
c.    (C.        ) (pending before the Legislature as this bill).

 

     6.  This act shall take effect on the first day of the third month next following the date of enactment, and shall apply to tenancies commencing on or after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), except that the Commissioner of Community Affairs and the Administrative Director of the Administrative Office of the Courts may take such anticipatory actions as may be necessary to effectuate the provisions of this bill.