Bill > S4496

Introduced Session

This bill prohibits the imposition of certain costs for brokerage services, including realtor fees, on residential tenants or prospective residential tenants (tenants). Specifically, the bill prohibits a landlord and a brokerage firm from: (1) imposing upon, passing through to, or accepting from, a tenant, any fees, commissions, or charges, for or related to brokerage services, as defined in the bill; (2) requiring or conditioning the leasing of residential real property on a tenant engaging a brokerage firm or agent thereof; or (3) posting a listing for the rental of residential real property that represents that fees, charges, or commissions for brokerage services are required in violation of the bill. The bill requires that every listing related to the rental of residential real property is to disclose in a clear and conspicuous manner any fee to be paid by the tenant for the rental of such property. The bill requires that the landlord or landlord's agent provide to the tenant, prior to the execution of an agreement for the rental of residential real property, an itemized written disclosure of any fees that the tenant is required to pay to the landlord or to any other person at the direction of the landlord in connection with such rental, as described in the bill. The bill requires that a landlord provide an attestation, as set forth in the bill, in a conspicuous manner in the landlord's application for the residential rental unit, and with the Truth-in-Renting Statement, required under existing law, in which the landlord affirms, under the penalty of perjury, compliance with certain provisions of the bill and penalties for noncompliance. A violation of the bill is to constitute an unlawful practice pursuant to the New Jersey consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and subjects a landlord or brokerage firm to a penalty, for each offense, equal to the greater of $5,000, or three times the amount of all fees, commissions, or charges imposed upon, passed through to, or accepted from, a tenant. The penalty would be collected and enforced by the Commissioner of Community Affairs or the Attorney General. Notwithstanding the civil penalty described above, the bill also provides a private cause of action for a tenant, who, for a landlord or brokerage firm's violation of the bill, would be permitted to recover a penalty for each offense equal to the greater of $5,000, or three times the amount of all fees, commissions, or charges imposed upon, passed through to, or accepted from, a tenant, in addition to reasonable attorney's fees, court costs, expenses for expert witnesses, and other related fees and expenses incurred in proving a violation of the bill. The bill would take effect immediately.

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Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 05/22/2025)

Official Document