Bill > S3185

Introduced Session

This bill prohibits a landlord from charging a tenant, including an applicant or prospective tenant, additional rent or fees because the tenant has a pet or intends to keep a pet in the residential rental dwelling unit. The bill defines the term "pet" to mean a domesticated animal normally maintained in or near the dwelling unit of that animal's owner. The bill defines the term "tenant" to mean: (1) any person who rents or leases, for a term of at least one month, a dwelling unit, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests; and (2) an applicant, prospective tenant, or other person who applies to rent or lease, or seeks to rent or lease, for a term of at least one month, dwelling units, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests. Specifically, the bill prohibits a landlord from:§ charging a tenant, as defined in the bill, additional rent, fees, or other increases to the monthly rent, nonrefundable or otherwise, because the tenant keeps, or intends to keep, a pet in the dwelling unit;§ requiring as a condition for a lease, lease addendum, or lease application that a tenant pay any additional fees or charges, nonrefundable or otherwise, because the tenant keeps, or intends to keep, a pet in the dwelling unit; and § including within any lease, lease addendum, or lease application a provision requiring additional fees or charges, nonrefundable or otherwise, because the tenant keeps, or intends to keep, a pet in the dwelling unit. The bill would permit a landlord to charge a one-time, refundable pet security deposit of no more than $500, which would be included within the total security deposit limit set forth by present law. The bill would also codify certain State case law by prohibiting a landlord from requiring a security deposit in excess of one and a half times the monthly rent because the tenant keeps or intends to keep one or more pets. A violation of the bill would: (1) permit a tenant to petition the court to terminate a lease or agreement in violation of the bill, and to recover reasonable attorney's fees or expenses; and (2) subject a landlord to a private cause of action, brought at the discretion of the tenant, who would be permitted to recover $1,000 from the landlord for each offense, in addition to reasonable attorney's fees or expenses. The remedies provided to a tenant would function in addition to, and are not to interfere with, existing remedies available pursuant to section 3 of P.L.1971, c.223 (C.46:8-21.1 et seq.). The bill would take effect on the first day of the fourth month following enactment, and apply to tenancies commencing on or after the effective date of the bill, and to oral or written representations made by a landlord, applications offered by a landlord, and submitted applications by a tenant beginning on or after the effective date of the bill.

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Joe Cryan (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 05/09/2024)

Official Document