Bill Text: NJ S2813 | 2016-2017 | Regular Session | Amended

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Bill Title: Prohibits landlords from requiring residential tenants to pay rent and other related charges through electronic funds transfer, requires landlords to provide receipts for cash payments.*

Sponsorship: Partisan Bill (Democrat 3)

Status: (Engrossed - Dead) 2017-06-01 - Received in the Assembly, Referred to Assembly Housing and Community Development Committee [S2813 Detail]

Download: New_Jersey-2016-S2813-Amended.html

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[First Reprint]

SENATE, No. 2813

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED DECEMBER 5, 2016

 

 

Sponsored by:

Senator  BRIAN P. STACK

District 33 (Hudson)

Senator  SANDRA B. CUNNINGHAM

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Prohibits landlords from requiring residential tenants to pay rent and other related charges through electronic funds transfer; requires landlords to provide receipts for cash payments.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Community and Urban Affairs Committee on February 27, 2017, with amendments.

  

An Act prohibiting landlords from requiring residential tenants to remit rent and certain other payments through electronic funds transfer, ¹requiring landlords to provide receipts for cash payments,¹ and amending and supplementing P.L.1975, c.310.

 

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

 

     1.    Section 2 of P.L.1975, c.310 (C.46:8-44) is amended to read as follows:

     2.    As used in this act:

     a.  "Landlord"  means any person who rents or leases or offers to rent or lease, for a term of at least [1] one month, dwelling units, except dwelling units in  rental premises containing not more than two such units, or in owner-occupied  premises of not more than three dwelling units, or in hotels, motels or other  guest houses serving transient or seasonal guests.

     b.  "Department"  means the Department of Community Affairs.

     c.     "Commissioner"  means the Commissioner [of the Department] of Community Affairs.

     d.  "Electronic funds transfer"  means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer's account, including, but not limited to, through the use of an automated clearinghouse (ACH) system.  

(cf: P.L.1975, c.310, s.2)

 

     2.    (New section) No landlord shall require a tenant or prospective tenant to remit any amount due to the landlord pursuant to a residential lease, renewal, or extension agreement by means of electronic funds transfer, including but not limited to an electronic funds transfer system that automatically transfers funds on a regular, periodic, and recurring basis.  A landlord who violates this section shall be subject to the penalty provisions of section 5 of P.L.1975, c.310 (C.46:8-47).

 

     ¹3.  A landlord shall provide a written receipt to a tenant for each cash payment made to the landlord for any amount due to the landlord pursuant to a residential lease, renewal, or extension agreement.  A landlord who violates this section shall be subject to the penalty provisions of section 5 of P.L.1975, c.310 (C.46:8-47).¹

     ¹[3.] 4.¹     This act shall take effect immediately, and ¹[section] sections¹ 2 ¹and 3¹ shall be applicable to a lease, renewal, or extension agreement executed on or after the date of enactment of this act.