Bill Text: NJ A983 | 2022-2023 | Regular Session | Amended


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 8-0)

Status: (Introduced - Dead) 2022-03-07 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Judiciary Committee [A983 Detail]

Download: New_Jersey-2022-A983-Amended.html

[First Reprint]

ASSEMBLY, No. 983

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblyman  ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblyman Caputo, Assemblywomen Speight, Jasey, Timberlake and Assemblyman Spearman

 

 

 

 

SYNOPSIS

     Criminalizes certain actions of individuals who offer rental of residential property that they do not own or legally possess.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Housing Committee on March 7, 2022, with amendments.

  


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:

 

     1a.  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(1)1  This section does not apply to a tenant, subtenant, lessee, sublessee, or assignee having a lawful occupancy interest in a residential dwelling.

     1(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.230.1

 

     2.    This act shall take effect immediately.

feedback