Bill > A5291

Introduced Session

This bill is intended to assure affordable rental housing for a significant portion of New Jersey's senior citizen population. The bill would permit a tenant to apply to the Commissioner of Community Affairs for protected senior citizen tenant status so long as the tenant: · is 55 or more years old; · is not in the federal section 8 voucher program or the State rental assistance program, or a participant in another rental assistance program that disqualifies the resident pursuant to rules and regulations adopted by the commissioner; · has lived in a dwelling unit in a particular building or structure that is not public housing for at least the previous 10 years as their principal residence; and · has an annual household income of $80,000 or less during the calendar year prior to the year the bill takes effect, to be adjusted annually. The bill provides that the annual income limitation for eligibility for protected senior citizen tenant status will be the same as the income limitation for eligibility under the homestead property tax reimbursement program, P.L.1997, c.348 (C.54:4-8.67 et al.). A person meeting those requirements would be granted protected senior citizen status and their landlord would be so notified. A landlord would be required to limit any rent increase to the annual index rate factor promulgated by the commissioner for that particular county. The annual index rate factor would be 75% of the increase in the average consumer price index, determined on an annual basis. For each county the commissioner would use the consumer price index applicable either to the New York metropolitan area or the Philadelphia metropolitan area, as appropriate to the location and economic conditions of the county, as determined by the commissioner. A landlord who increases the rent of a protected senior citizen tenant above the allowable amount would be liable for damages in an amount equal to the greater of $500 or three times the rent difference, plus reasonable attorney fees in a summary proceeding. A landlord facing undue hardship as a result of a tenant with protected senior citizen tenant status would be entitled to apply to the commissioner for a hardship waiver of the annual index rate factor. The commissioner could then set the rent at a level to ensure that the landlord does not suffer undue hardship. However, a waiver would have no effect on restrictions established by a municipal rent control or rent leveling ordinance. If a person who has been granted protected senior citizen tenant status resides in a municipality with a rent control or rent leveling ordinance, then this bill only allows the landlord to raise rent on that tenant by the amount permitted under the ordinance, or by the amount permitted by this bill, whichever amount is less.

AI Summary

Committee Categories

Annette Chaparro (D)*, 

Introduced, Referred to Assembly Housing and Community Development Committee (on 12/14/2017)

Official Document