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Bill > S1007


NJ S1007

NJ S1007
Provides rental and lease protections for victims of domestic violence, sexual assault, or stalking.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would provide rental and lease protections for domestic violence, sexual assault, or stalking victims. Under the bill, a landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant's or applicant's or a household member's status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement pursuant to the "New Jersey Safe Housing Act," P.L.2008, c.111 (C.46:8-9.4 et seq.). Under the "New Jersey Safe Housing Act," a tenant may terminate a lease prior to its expiration if the tenant provides written notice that the tenant or a child of the tenant faces an imminent threat of serious physical harm from another person if the tenant remains on the premises, and provides appropriate documentation. The bill provides for the same documentation requirements as those set out in the "New Jersey Safe Housing Act." The documentation may be any of the following: (1) a copy of a permanent domestic violence restraining order; (2) a copy of a permanent restraining order from another jurisdiction, issued pursuant to the jurisdiction's laws concerning domestic violence, sexual assault, or stalking; (3) a law enforcement agency record documenting the domestic violence, or certifying that the tenant or a child of the tenant is a victim of domestic violence, sexual assault, or stalking; (4) medical documentation of the domestic violence, sexual assault, or stalking provided by a health care provider; (5) certification, provided by a certified Domestic Violence Specialist, or the director of a designated domestic violence agency, that the tenant or a child of the tenant is a victim of domestic violence; or (6) other documentation or certification, provided by a licensed social worker, that the tenant or a child of the tenant is a victim of domestic violence, sexual assault, or stalking. Under the bill, a landlord who refuses to enter into a rental agreement in violation of this section may be liable to the tenant or applicant in a civil action for damages sustained by the tenant or applicant. The prevailing party may also recover court costs and reasonable attorneys' fees. The bill amends N.J.S.A.2A:18-53 and N.J.S.A.2A:18-61.1, which concern actions by landlords to remove tenants, to provide that these sections of law shall not be construed to authorize the removal of a lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant from any house, building, mobile home or land ina mobile home park or tenement leased for residential purposes based upon such person's status as a victim of domestic violence, sexual assault, or stalking.

AI Summary

This bill provides rental and lease protections for victims of domestic violence, sexual assault, or stalking by prohibiting landlords from terminating a tenancy, refusing to renew a lease, or denying a rental agreement based on a tenant's or applicant's status as a victim, or because they previously terminated a lease under the "New Jersey Safe Housing Act," which allows tenants to break a lease if they or their child face an imminent threat of serious physical harm. To utilize these protections, tenants must provide landlords with specific documentation, such as a restraining order, law enforcement records, medical documentation, or certifications from domestic violence specialists or social workers, mirroring the requirements of the Safe Housing Act. Landlords who violate these provisions may face civil action for damages, court costs, and attorney fees, and the bill amends existing laws concerning tenant removal to explicitly state that victims of domestic violence, sexual assault, or stalking cannot be evicted based on their status.

Committee Categories

Justice

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

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