Bill > A1360

Introduced Session

Too many residents of the State of New Jersey are currently residing in rental housing units that fail to meet minimum standards of safety and sanitation. Landlords should be held accountable for the health and safety of their tenants with respect to their housing, and should be required to provide safe and sanitary housing accommodations. Accordingly, this bill implements various changes to State rental housing laws in the areas of landlord registration requirements, inspection of multiple dwellings, warranty of habitability, and distribution of certain information. Warranty of Habitability Section 3 of the bill provides that in any action before the court in which a tenant asserts a warrant of habitability violation by a landlord who accepts a rental subsidy, the court is required to notify The Department of Community Affairs (DCA) within two business days. Upon notice to DCA, the Bureau of Housing Inspection (BHI) is required to inspect the property within 10 days. A hearing to determine violation of the warranty of habitability may not be set by the court prior to the completion of the inspection by the BHI. If it is determined by the court that failure to pay rent was due to a significant violation of the warranty of habitability of the premises, the court will direct the deposit of the tenant portion of rental payments with a court-appointed administrator for use in remedying the defective condition. The State or public housing authority, as the case may be, will retain the discretion to withhold any portion of the rental subsidy until a reinspection by BHI determines every significant violation has been remedied. Landlord Registration Sections 4, 5, 6, and 7 address issues related to registration of landlords. Current law requires landlords to register with the municipality in which the rental premises is located, or with DCA, depending on circumstances. Section 4 of the bill prohibits the entering of a judgment of possession by any court for a premises covered by section 2 of P.L.1974, c.49 (C.2A:18-61.1) unless the landlord has been registered for at least 90 days. Under section 5 of the bill, landlords are required to include the following additional information in a landlord registration: (1) in the case of a record owner that is a corporation, limited liability company, or other legal or commercial entity, the names and Social Security numbers of residence of the members, directors, officers, and registered agents, as applicable; and (2) for each person required to be named in the registration - a telephone number where someone can be reached at all times; a street address of residence; and an active email address. Section 5 also requires that a landlord who accepts rental subsidies may not be granted State funding, or a tax abatement or exemption, for rehabilitation of a premises unless the landlord has been registered for at least 90 days. "Rental subsidy" is defined as funds paid to a landlord pursuant to federal project-based or tenant-based federal Housing Choice Voucher (section 8) Program rental assistance or paid as a rental assistance grant pursuant to section 1 of P.L.2004, c.140 (C.52:27D-287.1). Section 6 of the bill requires landlords to annually certify, by July 1, that the certificate of registration is accurate, and contains current information. Under section 7 of the bill, a landlord who fails to register as required by law shall be liable for a penalty of not more than $500 for each offense. Inspections Sections 8, 9, 10, 11 and 15 of the bill pertain to the inspection, and reinspection, of multiple dwellings. Section 8 of the bill permits the Commissioner of Community Affairs, by rule or regulation, to establish a classification of multiple dwellings in which properties are divided into tiers delineating the frequency of inspections based on criteria set forth in the regulation. Under the provisions of section 9 of the bill, within 30 days of the most recent inspection of a hotel or multiple dwelling, the owner must file with the commissioner an application for a certification of inspection, together with the required fee. A certificate of inspection and the fees would not be required more often than the schedule of inspections set by the commissioner pursuant to section 8 of the bill. Section 10 of the bill pertains to significant violations found following an inspection or reinspection. (A significant violation is defined as a lack of running water, or adequate sewage disposal facilities; infestations, excluding infestations without associated health impacts; structural deficiency; or any other condition that the commissioner may, by rule, identify as a significant violation, that does not constitute an imminent hazard, and which is not caused by, or within the control of, the tenant.) If a significant violation is found following an inspection or reinspection, the commissioner must notify, if applicable, the public housing authority that operates the multiple dwelling within 48 hours of the inspection or reinspection. In the case of a multiple dwelling that participates in federal section 8 housing, the commissioner must notify the Department of Housing and Urban Development New Jersey field officer of the complaint and violation. If the commissioner determines as the result of an inspection of a hotel or multiple dwelling that one or more significant violations exist, the written order served on the owner must identify each violation. If an application for a hearing is filed pursuant to section 18 of P.L.1967, c.76 (C.55:13A-18), the hearing shall be held within 30 days of the receipt of the application, and the commissioner must render a final decision within 60 days of the date of the hearing. Section 11 of the bill requires the commissioner to establish a program to assist municipalities in making inspection records and landlord information records available to the public on the Internet. Section 12 of the bill requires that the commissioner must promulgate regulations to effectuate the provisions of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.) pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Section 15 of the bill requires that every landlord post in every common area of a tenant-occupied multiple dwelling, and include in a printed notice in the lease, instructions on how to file a tenant complaint with the BHI, and instructions on how to access and use the instructions on how to access and use the comprehensive social services information toll-free telephone hotline service, established pursuant to the provisions of P.L.1991, c.524 (C.30:1-1.1) Eviction Proceedings Section 13 of the bill requires that if a landlord enters any information into a shared database concerning eviction proceedings brought against a residential tenant for non-payment of rent, the landlord must include the following information, which shall be permanently attached to the tenant's record in the database: (1) whether a finding was made on the record that the non-payment of rent was due to a violation of the warranty of habitability of the premises; and (2) the disposition of the proceedings. A landlord or an owner of the shared database who violates this requirement will be liable to a penalty of $500 for each offense. Mail Delivery Section 14 of the bill would permit DCA to mail notices, orders, rules, and decisions, by certified mail, with return receipt requested, and regular mail, and makes other procedural changes to the process of serving those documents.

AI Summary

Committee Categories

Verlina Reynolds-Jackson (D)*,  Anthony Verrelli (D)*,  Benjie Wimberly (D)*,  Angela Mcknight (D),  Shanique Speight (D),  Cleopatra Tucker (D), 

Introduced, Referred to Assembly Housing Committee (on 01/11/2022)

Official Document