Bill > A1805

Introduced Session

This bill requires the establishment of a habitability database for use in landlord-tenant proceedings, and certain penalties for violations of P.L.2013, c.206 (C.2A:18-61.67), concerning a tenant's entitlement to attorney's fees under certain circumstances for landlord-tenant actions, and enables a residential tenant in public housing to bring a proactive action against their landlord for habitability violations pursuant to P.L.1971, c.224 (C.2A:42-85 et seq.). Specifically, the bill requires the Commissioner of Community Affairs (commissioner), in coordination with the Administrative Director of the Administrative Office of the Courts (director), to establish and maintain a habitability database for use by a Judge of the Superior Court for landlord-tenant actions, which would include certain information pertaining to habitability violations or other safety related notices or citations, as provided in the bill. Each defect within the index and file would be categorized: (1) as a first, second, or third and subsequent defect; (2) by the length of time that the defect has persisted; and (3) by whether or not the subject of the defect is non-hazardous, hazardous, or immediately hazardous. The bill requires that: the court take judicial notice of the contents of the database; the contents be electronically displayed or printed and made available for the court and litigants; and the contents constitute prima facie evidence of any matter stated within. The bill also establishes a penalty for a landlord's failure to comply with section 2 of P.L.2013, c.206 (C.2A:18-61.67), which requires a landlord to include in a lease that the tenant is entitled to recover attorney's fees or expenses to the same extent as the landlord under certain circumstances. The bill establishes a penalty of $500 for a first offense, and $1,000 for a second and subsequent offense: (1) in an action brought by the commissioner or Attorney General; and (2) in a separate cause of action brought by the tenant, in addition to reasonable attorney's fees or expenses. This bill also allows a tenant in public housing to bring an action pursuant to P.L.1971, c.224 (C.2A:42-85 et seq.) for habitability defects. Currently, a tenant in public housing is excluded from the ability to bring a proactive private cause of action against their landlord for habitability defects. This bill amends the definition of a "housing space" to eliminate the exception for public housing, allowing tenants in public housing to bring the cause of action proactively. Finally, the bill makes technical changes and would take effect on the first day of the third month following enactment, and would apply to tenancies commencing on or after the effective date of the bill, except that the commissioner and the director would be permitted to take anticipatory action necessary to effectuate the provisions of the bill.

AI Summary

Committee Categories

Linda Carter (D)*,  Shavonda Sumter (D)*,  Annette Quijano (D),  Verlina Reynolds-Jackson (D),  Michael Venezia (D), 

Introduced, Referred to Assembly Housing Committee (on 01/09/2024)

Official Document