Bill > S1665

Introduced Session

This bill would preserve the confidentiality of the court records of landlord-tenant actions under certain circumstances. The bill defines the term "court records" expansively to include any record containing information regarding a past or current landlord-tenant action, and any record of the filing of a landlord-tenant action. The bill defines the term "landlord-tenant action" as any action brought by or against a landlord or tenant, including an ejectment action in which the possessor establishes tenancy, in the Superior Court of New Jersey, including the Special Civil part of the Superior Court. The bill specifically provides that the court record of a landlord-tenant action, including information that the action has been filed, will remain confidential and unavailable to the public for the first 60 days after and including the date the action is filed. Under the bill, the court record of a landlord-tenant action will remain confidential and unavailable to the public indefinitely unless the action results in a judgment for possession. The bill provides that if a landlord-tenant action results in an unconditional judgment for possession, the court record of the action will become public on the later of the 61st day after the date the action was filed or within 45 days after the date the matter is completely resolved. However, if the matter is appealed by either party, the court record remains confidential and unavailable to the public until the conclusion of the appeal, and will only be made available to the public if the landlord prevails. The bill also provides that the court record of a landlord-tenant action will remain confidential and unavailable to the public although a judgment for possession has been entered, if the judgment is subject to conditions that, if met by the tenant, may result in the judgment being vacated and the matter dismissed. However, if the court finds, after notice to the tenant and an opportunity to be heard, that the conditions have not been met, the court record shall be made available to the public at the conclusion of an appeal or an opportunity to appeal the judgment. Under the bill, the court record of a landlord-tenant action will remain confidential and unavailable to the public after entry of a judgment for possession if the tenant files a timely order to show cause seeking to vacate the judgment prior to being physically locked out of the housing unit. In this circumstance, the court record will remain confidential and unavailable to the public until the order to show cause is resolved, and will remain confidential and unavailable to the public if the tenant prevails. The bill provides that the court record of any cause of action brought by a tenant asserting a legal right against a landlord will remain confidential and unavailable to the public indefinitely, regardless of whether the tenant prevails, unless the tenant voluntarily consents to making the court record available to the public. The bill directs a court, prior to issuing a written opinion or decision related to a landlord-tenant action, to redact the names and addresses of the parties and any information that may facilitate discovery of the parties' identities. The bill also requires New Jersey public entities that maintain a written or automated record or file of court records of landlord-tenant actions to take appropriate actions to ensure that court records of all landlord-tenant actions that did not result in an unconditional judgment for possession are kept confidential and unavailable to the public. The bill directs the Administrative Office of the Courts to expunge the court records of any eviction or ejectment action, including any such action resulting in a judgment of possession, after the expiration of three years from the date of the judgment. The bill also addresses the use of court records by landlords when evaluating prospective tenants. The bill prohibits a landlord, when evaluating a prospective tenant, from considering a landlord-tenant action brought by or against a tenant that did not result in a judgment for possession and actual displacement, or which did result in a judgment for possession but was then withdrawn, dismissed or reversed. The bill also prohibits landlords from considering a judgment for possession that was entered and executed against a prospective or existing tenant three or more years prior to the tenant's application for tenancy. The bill requires a landlord, at the time a prospective tenant of a residential dwelling unit submits a rental application to the landlord, to deliver to the prospective tenant the landlord's screening criteria document. The bill defines the term "screening criteria document" to mean a written statement detailing the criteria to be used by a landlord to evaluate a rental application and determine whether to accept the applicant as a tenant. Additionally, the bill would require a landlord who takes an adverse action on a rental application to provide written notice of the adverse action to the prospective tenant, stating the reasons for the adverse action. The adverse action notice must disclose any screening information about the prospective tenant accessed by the landlord, and must append any screening report about the prospective tenant that was accessed by the landlord. The bill would authorize imposition of a penalty on a landlord who violates the bill's provisions concerning the improper screening of tenants. Specifically, the bill provides that in addition to any other penalty provided by law, a landlord will be liable for a penalty of not less than $1,000 for a first offense, and not less than $5,000 for a second and each subsequent offense, plus reasonable attorney fees. This penalty would be exclusive of, and in addition to, any moneys or property ordered to be paid or restored to any person in interest, and are to be paid to the aggrieved applicant or tenant.. Under the bill, a person or entity which provides court filing information or information contained in the court records of a landlord-tenant action to a landlord or other entity involved in the rental of a dwelling unit, except in accordance with the provisions of this bill, commits a crime of the fourth degree. Each provision of information would constitute a separate offense. In addition to any other remedies provided by law, a residential tenant or applicant for rental housing may bring an action in Superior Court for any violation of this bill for treble actual damages or $5,000, whichever is greater, attorney's fees, costs of suit, and appropriate equitable relief. Finally, the bill provides that it is unlawful discrimination under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), for a person to refuse to rent or lease real property to another person because that person, while a residential tenant or prospective residential tenant, had ever been a party in a summary dispossess proceeding or other civil action, or undertook any action to enforce or implement rights or remedies provided by statute, regulation, or the common law.

AI Summary

Committee Categories

Richard Codey (D)*,  Brian Stack (D)*, 

Senate Community and Urban Affairs Hearing (10:00 9/29/2022 Committee Room 1, 1st Floor, State House Annex, Trenton, NJ) (on 09/29/2022)

Official Document