Bill Text: NJ S3216 | 2016-2017 | Regular Session | Amended
Bill Title: Concerns application of residential rental property inspection findings in rental assistance determinations and eviction actions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2018-01-05 - Received in the Assembly, Referred to Assembly Commerce and Economic Development Committee [S3216 Detail]
Download: New_Jersey-2016-S3216-Amended.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Concerns application of residential rental property inspection findings in rental assistance determinations and eviction actions.
CURRENT VERSION OF TEXT
As reported by the Senate Community and Urban Affairs Committee on December 4, 2017, with amendments.
An Act concerning the application of residential rental property inspection findings, amending P.L.1984, c.180 and P.L.2004, c.140, and supplementing P.L.1992, c.79 (C.40A:12A-1 et seq.) and P.L.1974, c.49 (C.2A:18-61.1 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1984, c.180 (C.52:27D-285) is amended to read as follows:
7. a. The Department of Community Affairs shall establish standards of habitability applicable to any housing unit the rental for which is paid, in whole or in part, by temporary rental assistance payments from the authority.
b. A rental housing unit, the rental payment for which is paid, in whole or in part, with rental assistance received pursuant to P.L.1984, c.180 (C.52:27D-280 et seq.), shall be owned by a landlord with a record of compliance with State and local housing standards and prompt corrections of any housing standard violations. The landlord shall ensure that the unit remains in compliance with the housing quality standards of the United States Department of Housing and Urban Development. The Department of Community Affairs shall periodically consult the Statewide electronic database that contains residential rental property inspection findings to ensure that landlords benefitting from rental assistance payments are in compliance with this subsection.
c. The Department of Community Affairs shall terminate the participation of any landlord in the program established pursuant to P.L.1984, c.180 (C.52:27D-280 et seq.), if the landlord does not have a record of compliance with subsection b. of this section, provided such action shall not cause unnecessary hardship to a tenant.
d. The Department of Community Affairs may allow the continuation of a rental assistance payment for a unit with an existing federal, State, or local housing standard violation if the unit can be occupied without any imminent hazard to health or safety and the owner of the unit is proceeding in a reasonable manner to abate the violation.
(cf: P.L.1984, c.180, s.7)
2. Section 1 of P.L.2004, c.140 (C.52:27D-287.1) is amended to read as follows:
1. The Commissioner of Community Affairs shall establish a rental assistance program for low income individuals or households. This program shall be in addition to and supplement any existing programs established pursuant to the "Prevention of Homelessness Act (1984)," P.L.1984, c.180 (C.52:27D-280 et al.).
a. The program shall provide rental assistance grants comparable to the federal section 8 program, but shall be available only to State residents who are not currently holders of federal section 8 vouchers.
b. Assistance to an individual or household under the State program shall be terminated upon the award of federal section 8 rental assistance to the same individual or household.
c. The program shall reserve a portion of the grants for assistance to senior citizens aged 62 or older who otherwise meet the criteria of subsection a. of this section.
d. The program shall reserve a portion of the grants for assistance to veterans who have successfully completed the Veterans Transitional Housing Program, or "Veterans Haven," a vocational and transitional housing program for homeless veterans administered by the New Jersey Department of Military and Veterans' Affairs.
e. 1The program shall reserve a portion of the funds available to it for tenant-based vouchers to veterans, other than those veterans eligible for assistance pursuant to subsection d. of this section.
f.1 (1) A rental housing unit, the rental payment for which is paid, in whole or in part, through a rental assistance grant, shall be owned by a landlord with a record of compliance with State and local housing standards and prompt corrections of any housing standard violations. The landlord shall ensure that the unit remains in compliance with the housing quality standards of the United States Department of Housing and Urban Development. The Department of Community Affairs shall periodically consult the Statewide electronic database that contains residential rental property inspection findings to ensure that landlords benefitting from rental assistance grants are in compliance with this subsection.
(2) The Department of Community Affairs shall terminate the participation in the rental assistance program of any landlord who does not have a record of compliance with paragraph (1) of this subsection, provided such action shall not cause unnecessary hardship to a tenant.
(3) The Department of Community Affairs may allow the continuation of a rental assistance grant for a unit with an existing federal, State, or local housing standard violation if the unit can be occupied without any imminent hazard to health or safety and the owner of the unit is proceeding in a reasonable manner to abate the violation.
(cf: P.L.2017, c.29, s.1)
3. (New section) In determining the frequency of periodic inspections for rental units in the federal Housing Choice Voucher Program, the Department of Community Affairs shall ensure that every public housing authority has access to consult with the Statewide electronic database that contains residential rental property inspection findings so that it can determine whether a landlord has a record of compliance with State and local housing standards and prompt corrections of housing standard violations.
4. (New section) The Department of Community Affairs shall ensure that New Jersey courts have access to consult with the Statewide electronic database that contains residential rental property inspection findings, as necessary, in case any information contained therein is relevant to the resolution of an eviction action, a proceeding initiated pursuant to P.L.1971, c.224 (C.2A:42-85 et seq.), or any other proceeding.
5. The Commissioner of Community Affairs may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of P.L. c. (C. ) (pending before the Legislature as this bill).
6. This act shall take effect immediately.
