Bill > A5757

Introduced Session

This bill prohibits a landlord from imposing certain surcharges on a tenant for an online rent payment method. While section 2 of P.L.2019, c.300 (C.46:8-49.1) currently prohibits a landlord from requiring a tenant or prospective tenant to remit rent due by means of electronic funds transfer, a landlord has discretion to impose certain surcharges on payment by means of electronic funds transfer for an online payment method. Specifically, this bill prohibits a landlord from imposing, passing through, or accepting, whether directly, indirectly, or implicitly through a third-party online rent payment method, a surcharge or other similar cost that exceeds five dollars per monthly rental payment for an online rent payment method (prohibited surcharge). The bill requires that if a third-party online rent payment method utilized by the landlord requires a prohibited surcharge, the landlord is to assume and be responsible for the full cost of the prohibited surcharge or reimburse the tenant. Further, the bill requires that if the landlord uses a third-party online rent payment method that requires a prohibited surcharge, the landlord is to provide to the tenant a document that itemizes all related charges and demonstrates that the landlord assumed the costs of all online rent payment surcharges, as defined in the bill, exceeding five dollars, or that the landlord reimbursed the tenant for the costs of all online rent payment surcharges exceeding five dollars within 10 days of the date of payment by the tenant. The bill requires that the landlord provide an attestation with a receipt, required following all rent payments provided by a tenant, as described in the bill, in which the landlord affirms, under the penalty of perjury, the veracity of the receipt and compliance with certain provisions of the bill. A violation of the bill constitutes 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 to the to the penalty provisions of section 5 of P.L.1975, c.310 (C.46:8-47), which the bill increases to $1,000 from $100 to reflect the increase in the average price of rent for residential rental units in New Jersey since the penalty provisions' enactment in 1975. The bill also provides a private cause of action for a tenant whose landlord has violated the requirements of the bill, and specifies that a tenant is to recover the $1,000, 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 P.L.1975, c.310 (C.46:8-43 et seq.). The bill also authorizes the tenant to recover an amount equal to the surcharge or other similar cost that exceeds five dollars per monthly rental payment, wrongfully charged to a tenant. The bill would take effect on the first day of the third month next following enactment and apply to any surcharge or other similar cost for an online rent payment method that is charged to a tenant on or after the effective date.

AI Summary

Committee Categories

Carmen Morales (D)*,  Verlina Reynolds-Jackson (D)*, 

Introduced, Referred to Assembly Housing Committee (on 06/12/2025)

Official Document