Bill Text: NJ S3530 | 2026-2027 | Regular Session | Amended
Bill Title: "Immigrant Tenant Protection Act"; provides certain protections to residential tenants and codifies certain warranty of habitability protections.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-03-23 - Senate Amendment (Voice) (Ruiz) [S3530 Detail]
Download: New_Jersey-2026-S3530-Amended.html
[Second Reprint]
SENATE, No. 3530
STATE OF NEW JERSEY
222nd LEGISLATURE
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
SYNOPSIS
"Immigrant Tenant Protection Act."; provides certain protections to residential tenants and codifies certain warranty of habitability protections.
CURRENT VERSION OF TEXT
As amended by the Senate on March 23, 2026.
An Act related to the immigration status of residential tenants, supplementing chapter 42 of Title 2A of the New Jersey Statutes, and amending 1P.L.1975, c.311 and1 P.L.1970, c.210.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Immigrant Tenant Protection Act."
2. (New section) a. (1) A landlord shall not threaten to disclose, or actually disclose, information relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, for the purpose of influencing the person to vacate a dwelling unit.
(2) A landlord shall not bring an action to recover possession of a dwelling unit based solely or partially on the immigration or citizenship status of a tenant.
(3) A landlord shall not cause a tenant or occupant to quit involuntarily, or bring an action to recover possession, because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord's action is in compliance with a legal obligation under a federal government program that provides for rent limitations or rental assistance to a qualified tenant.
b. If a landlord violates subsection a. of this section, a tenant may bring a civil action to seek one or more of the following remedies:
(1) actual damages, as reasonably determined by the court, for injury or loss suffered;
(2) a civil penalty in an amount not to exceed $2,000 for each violation, payable to the tenant;
(3) reasonable attorney's fees and court costs; and
(4) other 1[equitable]1 relief as the court may deem appropriate and just.
c. The immigration or citizenship status of a person shall not be relevant to any issue of liability or remedy in a civil action involving a tenant's housing rights. In proceedings or discovery undertaken in a civil action involving a tenant's housing rights, no inquiry shall be permitted into the tenant's immigration or citizenship status, unless:
(1) the tenant's claims or defenses raised place a person's immigration or citizenship status directly in contention; or
(2) the person seeking to make the inquiry demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law.
d. The assertion of an affirmative defense to an eviction action shall not constitute cause for discovery or other inquiry into a person's immigration or citizenship status.
e. 2Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to limit an individual's rights or remedies under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).
f.2 As used in this section, "immigration or citizenship status" includes a perception that a person has a particular immigration status or citizenship status, or that a person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.
3. (New section) a. It shall be an affirmative defense to an action for the removal of a tenant if the court finds that:
(1) the landlord's demand for possession is based solely or partially on the citizenship or immigration status of the tenant; or
(2) if the lease with the tenant has commenced and the tenant has taken possession, the landlord's demand for possession is based solely or partially on the tenant's failure to provide a social security number, information required to obtain a consumer credit report, or a form of identification deemed acceptable by the landlord.
b. In an 1[unlawful detainer action] action to recover possession of a dwelling unit1, a tenant or occupant may raise, as an affirmative defense, that the landlord violated the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. There shall be a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section in an 1[unlawful detainer action] action to recover possession of a dwelling unit1 if the landlord did the following:
(1) approved the tenant or occupant to take possession of a unit before filing an 1[unlawful detainer action] action to recover possession of a dwelling unit1; and
(2) included in the 1[unlawful detainer action] action to recover possession of a dwelling unit1 a claim based on one of the following:
(a) the failure of a previously approved tenant or occupant to provide a valid social security number;
(b) the failure of a previously approved tenant or occupant to provide information required to obtain a consumer credit report; or
(c) the failure of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord.
d. Nothing in this section shall be construed as prohibiting a landlord from:
(1) complying with a subpoena, warrant, court order, or legal obligation including, but not limited to, a legal obligation under a government program that provides for rent limitations or rental assistance to a qualified tenant;
(2) requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant;
(3) notifying a tenant that the tenant's conduct violates the terms of a lease, rental agreement, rule, or regulation.
e. This section shall not be construed as enlarging or diminishing a landlord's right to terminate a tenancy pursuant to State or local law.
f. This section shall not be construed as enlarging or diminishing the ability of a municipality to regulate or enforce a prohibition against a landlord's harassment of a tenant.
4. (New section) The Commissioner of Community Affairs shall, as soon as practicable following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), prepare and make available at no cost to the public, a summary of the rights and responsibilities of landlords and tenants that are established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The summary shall be accessible to the public on the Internet website of the Department of Community Affairs, in each of the seven most common non-English languages spoken by individuals with limited-English proficiency in the State, as determined pursuant to P.L.2023, c.263 (C.52:14-40 et seq.). The commissioner shall periodically update this summary as necessary to retain accuracy.
5. (New section) A warranty of habitability shall be implied in every written lease, oral lease, or rental agreement for residential premises, warranting that the premises so leased or rented, including the areas used in common with other tenants or residents, are fit for human habitation and for the uses reasonably expected and intended by residential tenants, and that the occupants of the residential premises, regardless of immigration or citizenship status, shall not be subjected to any conditions which would be dangerous, hazardous, or detrimental to their life, health, or safety, or to the livability of the residential premises.
16. Section 3 of P.L.1975, c.311 (C.2A:18-61.6) is amended to read as follows:
a. Where a tenant vacates the premises after being given a notice alleging the owner seeks to personally occupy the premises under subsection l. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and the owner thereafter arbitrarily fails to personally occupy the premises for a total of at least six months, or arbitrarily fails to execute the contract for sale, but instead permits personal occupancy of the premises by another tenant or instead permits registration of conversion of the premises by the Department of Community Affairs pursuant to "The Planned Real Estate Development Full Disclosure Act," P.L. 1977, c.419 (C.45:22A-21 et seq.), such owner shall be liable to the former tenant in a civil action for three times the damages plus the tenant's attorney fees and costs.
b. If an owner purchases the premises pursuant to a contract requiring the tenant to vacate in accordance with subsection l. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and thereafter arbitrarily fails to personally occupy the premises for a total of at least six months, but instead permits personal occupancy of the premises by another tenant or instead permits registration of conversion of the premises by the Department of Community Affairs pursuant to P.L.1977, c.419 (C.45:22A-21 et seq.), such owner-purchaser shall be liable to the former tenant in a civil action for three times the damages plus the tenant's attorney fees and costs.
c. If a tenant vacates a dwelling unit after notice has been given alleging that the owner seeks to permanently board up or demolish the premises or to retire permanently the premises from residential use pursuant to subsection g.(1) or h. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and instead, within five years following the date on which the dwelling unit or the premises become vacant, an owner permits residential use of the vacated premises, the owner shall be liable to the former tenant in a civil action for three times the damages plus the tenant's attorney fees and costs of suit.
An owner of any premises where notice has been given pursuant to subsection g.(1) or h. of section 2 of P.L.1974, c.49 (C.2A:18-61.1), who subsequently seeks to sell, lease or convey the property to another, shall, before executing any lease, deed or contract for such conveyance, advise in writing the prospective owner that such notice was given and that the owners of the property are subject to the liabilities provided in this subsection and sections 3 and 4 of [this 1986 amendatory and supplementary act] P.L.1986, c.138 (C.2A:18-61.1c and C.2A:18-61.1d). Whoever fails to so advise a prospective owner prior to the execution of the contract of sale, lease or conveyance is liable to a civil penalty of not less than $2,500.00 or more than $10,000.00 for each offense, and shall also be liable in treble damages, plus attorney fees and costs of suit, for any loss or expenses incurred by a new owner of the property as a result of that failure. The civil penalty prescribed in this subsection shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court, Law Division, Special Civil Part, in the county in which the rental premises are located shall have jurisdiction over such proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Commissioner of the Department of Community Affairs, the Attorney General, or any other person.
d. If a tenant vacates a dwelling unit after receiving from an owner an eviction notice (1) purporting to compel by law the tenant to vacate the premises for cause or purporting that if the tenant does not vacate the premises, the tenant shall be compelled by law to vacate the premises for cause; and (2) using a cause that is clearly not provided by law or using a cause that is based upon a lease clause which is contrary to law pursuant to section 6 of P.L.1975, c.310 (C.46:8-48); and (3) misrepresenting that, under the facts alleged, the tenant would be subject to eviction, the owner shall be liable to the former tenant in a civil action for three times the damages plus the tenant's attorney fees and costs. An owner shall not be liable under this subsection for alleging any cause for eviction which, if proven, would subject the tenant to eviction pursuant to N.J.S.2A:18-53 et seq. or P.L.1974, c.49 (C.2A:18-61.1 et seq.).
If a tenant vacates a dwelling unit after the owner or landlord threatens to disclose, or actually discloses, information relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord's action is in compliance with a legal obligation under a federal government program that provides for rent limitations or rental assistance to a qualified tenant, the owner or landlord shall be liable to the former tenant in a civil action for three times the damages plus the tenant's attorney fees and costs.
In any action under this section the court shall, in addition to damages, award any other appropriate legal or equitable relief. For the purposes of P.L.1974, c.49 (C.2A:18-61.1 et seq.), the term "owner" includes, but is not limited to, lessee, successor owner and lessee, and other successors in interest.
e. An owner shall not be liable for damages pursuant to this section or section 6 of [this 1986 amendatory and supplementary act] P.L.1986, c.138 (C.2A:18-61.1e) or subject to a more restrictive local ordinance adopted pursuant to section 8 of [this 1986 amendatory and supplementary act] P.L.1986, c.138 (C.2A:18-61.1f) if:
(1) Title to the premises was transferred to that owner by means of a foreclosure sale, execution sale or bankruptcy sale; and
(2) Prior to the foreclosure sale, execution sale or bankruptcy sale, the former tenant vacated the premises after receiving eviction notice from the former owner pursuant to subsection g.(1) or h. of section 2 of P.L.1974, c.49 (C.2A:18-61.1); and
(3) The former owner retains no financial interest, direct or indirect, in the premises. The term "former owner" shall include, but not be limited to, any officer or board member of a corporation which was the former owner and any holder of more than [5%] five percent equity interest in any incorporated or unincorporated business entity that was the former owner; and
(4) The former tenant is provided notice and rights in accordance with the provisions of section 6 of [this 1986 amendatory and supplementary act] P.L.1986, c.138 (C.2A:18-61.1e).1
(cf: P.L.1986, c.138, s.5)
1[6.] 7.1 Section 1 of P.L.1970, c.210 (C.2A:42-10.10) is amended to read as follows:
1. No landlord of premises or units to which [this act] P.L.1970, c.210 (C.2A:42-10.10 et seq.) is applicable shall serve a notice to quit upon any tenant or institute any action against a tenant to recover possession of premises, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise:
a. As a reprisal for the tenant's efforts to secure or enforce any rights under the lease or contract, or under the laws of the State of New Jersey or its governmental subdivisions, or of the United States; or
b. As a reprisal for the tenant's good faith complaint to a governmental authority of the landlord's alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes; or
c. (1) As a reprisal for the tenant's being an organizer of, a member of, or involved in any activities of, any lawful organization; or
(2) As a reprisal for or on the basis of the tenant's immigration or citizenship status; or
d. On account of the tenant's failure or refusal to comply with the terms of the tenancy as altered by the landlord, if the landlord shall have altered substantially the terms of the tenancy as a reprisal for any actions of the tenant set forth in subsection a 2.2, b 2.2, and c 2.2 of this section [1 of this act]. Substantial alteration shall include the refusal to renew a lease or to continue a tenancy of the tenant without cause.
Under subsection b 2.2 of this section the tenant shall originally bring 2[his] the tenant's2 good faith complaint to the attention of the landlord or 2[his agent] property manager2 and give the landlord a reasonable time to correct the violation before complaining to a governmental authority.
A landlord shall be subject to a civil action by the tenant for damages and other appropriate relief, including injunctive and other equitable remedies, as may be determined by a court of competent jurisdiction in every case in which the landlord has violated the provisions of this section.
(cf: P.L.1970, c.210, s.1)
28. Section 4 of P.L.1970, c.210 (C.2A:42-10.13) is amended to read as follows:
This act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units, except that the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to all rental premises or units used for dwelling purposes including all owner-occupied premises. Mobile home spaces and mobile homes shall constitute rental premises under this act.2
(cf: P.L.1975, c.124, s.1)
1[7.] 2[8.1] 9.2 This act shall take effect immediately.
