Requires establishment of residential rental habitability database and provides certain penalties and causes of action concerning residential leases.

A2089

ASSEMBLY, No. 2089

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Co-Sponsored by:

Assemblywomen Reynolds-Jackson, Quijano and Assemblyman
Venezia

SYNOPSIS

���� Requires establishment of residential rental
habitability database and provides certain penalties and causes of action
concerning residential leases.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning residential rental property,
including dwelling unit habitability and residential lease requirements,
supplementing chapter 27D of Title 52 of the Revised Statutes, and amending
P.L.2013, c.206 and P.L.1971, c.224.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.�
a.�
(New section)� The Commissioner of Community Affairs, in coordination with the
Administrative Director of the Courts, shall establish and maintain a
habitability database, which shall include an index showing, and a file
containing, with respect to each multiple dwelling that is leased to a
residential tenant:

���� (1)�
information pertaining to landlord identification that is required to be
submitted to the Department of Community Affairs by a residential landlord
pursuant to section 12 of P.L.1967, c.76 (C.55:13A-12), or any other
information that the commissioner determines necessary to effectuate the
purposes of
P.L. , c. (C. )
(pending before the Legislature as this bill);

���� (2)�
any violation of the implied warranty of habitability that exists for the
landlord�s residential rental dwelling units as determined by a Judge of the
Superior Court of New Jersey, Law Division, Special Civil Part, or by a Judge
of the Superior Court of New Jersey, Law Division, if the action was removed to
the Law Division pursuant to P.L.1951, c.344 (C.2A:18-60), in a vicinage in
this State, including units and multiple dwellings that are not subject to the
present landlord-tenant action, whether asserted as a defense by a residential
tenant, or pursuant to an action brought by a residential tenant in an action
pursuant to P.L.1971, c.244 (C.2A:42-85 et seq.); and

���� (3)�
each notice and order, violation, or citation issued for the landlord�s
residential rental dwelling units, including units and multiple dwellings that
are not subject to the present landlord-tenant action, by the Department of
Community Affairs or by the municipal department or agency having jurisdiction
over buildings located in the respective municipality, that are related to:
habitability; fire safety; health; utilities including gas, water, or
electricity; noise violations; and any other notice or order, violation, or
citation determined necessary by the commissioner to effectuate the purposes of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).

���� b.� It
shall be the duty of the municipal department or agency having jurisdiction
over buildings located in the respective municipality, to file with the commissioner
a true copy of each notice and order, violation, or citation of such municipal department
or agency alleging the occupation of a building containing a violation as
prescribed by subsection a. of this section, or the existence of a nuisance in
the building and of each notice, order, rule, or certificate showing the
clearance, correction, or abatement of the violation or nuisance within
seventy-two hours from the date of issuance of the notice, order, rule, or
certificate.� The municipal department or agency filing the true copy with the
commissioner may charge reasonable fees for the inspection of multiple
dwellings, which may offset the costs of compliance with the provisions of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).�

���� c.�
A defect contained in an index and file, whether violations of the implied
warranty of habitability, or of other notices and orders, violations, or
citations, pursuant to subsection a. of this section, shall 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.

���� d.� In
any landlord-tenant action or proceeding before the Superior Court of New
Jersey, Law Division, Special Civil Part, or before the Superior Court of New
Jersey, Law Division, if the action was removed to the Law Division pursuant to
P.L.1951, c.344 (C.2A:18-60):

���� (1)�
the index and files required pursuant to subsection a. of this section shall be
electronically displayed or printed, and copies made available for the court
and all litigants;

���� (2)�
the contents of the index and files shall constitute prima facie evidence of
any matter stated therein; and

���� (3) �the
courts shall take judicial notice of the information contained in the index and
files as if the same were certified as true.

���� e.�
As
used in this section:

���� "Commissioner" means
the Commissioner of Community Affairs.

���� "Multiple dwelling"
means the same as the term is defined in subsection (k) of section 3 of
P.L.1967, c.76 (C.55:13A-3).

���� 2.� (New section)� A landlord
who violates subsection a. of section 2 of P.L.2013, c.206 (C.2A:18-61.67)
shall:

���� (1)� be liable for a penalty
of $500 for a first offense, and $1,000 for a second and any subsequent
offense.� The penalty shall be collected and enforced by summary proceedings
pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274
(C.2A:58-10 et seq.).� The Superior Court, Law Division, Special Civil Part in
the county in which the residential rental property is located shall have
jurisdiction over the proceedings.� Process shall be in the nature of a summons
or warrant, and shall issue upon the complaint of the Commissioner of Community
Affairs or the Attorney General; and

���� (2)� also, at the discretion
of the tenant, be subject to a separate cause of action by the tenant in the
Superior Court, Law Division, Special Civil Part in the county in which the
rental premises are located.� The tenant may recover $500 for a first offense
by the landlord, and $1,000 for a second and any subsequent offense by the
landlord, in addition to reasonable attorney�s fees or expenses.

���� 3.� Section 2 of P.L.2013,
c.206 (C.2A:18-61.67) is amended to read as follows:

���� 2.�
a.
� If a
residential lease agreement provides that the landlord is or may be entitled to
recover attorney's fees or expenses, or both from the tenant for any action or
summary proceeding arising out of the lease, as described in section 1 of
P.L.2013, c.206 (C.2A:18-61.66), the lease clause shall also contain the
following provision in a bold typeface in a font size no less than one point
larger than the point size of the rest of the lease clause or 11 points,
whichever is larger:

���� IF THE TENANT IS SUCCESSFUL IN
ANY ACTION OR SUMMARY PROCEEDING ARISING OUT OF THIS LEASE, THE TENANT SHALL
RECOVER ATTORNEY'S FEES OR EXPENSES, OR BOTH FROM THE LANDLORD TO THE SAME
EXTENT THE LANDLORD IS ENTITLED TO RECOVER ATTORNEY'S FEES OR EXPENSES, OR BOTH
AS PROVIDED IN THIS LEASE.

����
b.� A landlord who violates
subsection a. of this section shall be liable to the penalties and action set
forth by section 2 of P.L.��� ,

�c.��� (C.������� ) (pending before the Legislature as this bill).

(cf: P.L.2013, c.206, s.2)

���� 4.� Section 2 of P.L.1971,
c.224 (C.2A:42-86) is amended to read as follows:

���� 2.� The following terms
whenever used or referred to in
[
this
act
]

P.L.1971,
c.224 (C.2A:42-85 et seq.)
shall have the following respective meanings,
unless a different meaning clearly appears from the context
[
.
]

:

���� a.� "Public officer"
shall mean the officer, officers, board or body who is or are authorized by the
governing body of a municipality to supervise the physical condition of
dwellings within such municipality pursuant to this act.

���� b.� "Owner" shall
mean the holder or holders of the title in fee simple.

���� c.� "Parties in
interest" shall mean all individuals, associations and corporations who
have interests of record in a dwelling, and who are in actual possession
thereof and any person authorized to receive rents payable for housing space in
a dwelling.

���� d.� "Dwelling" means

[
and
includes
]

all rental premises or units used for dwelling purposes except owner-occupied
premises with not more than two rental units.

���� e.� "Housing space"
means that portion of a dwelling rented or offered for rent for living or
dwelling purposes in which cooking equipment is supplied, and includes all
privileges, services, furnishings, furniture, equipment, facilities, and improvements
connected with the use or occupancy of such portion of the property.�
[
The term
]

"Housing
space"
shall not
[
mean
or
]

include
[
public
housing or
]

dwelling space in any hotel, motel or established guest house, commonly
regarded as a hotel, motel or established guest house, as the case may be, in
the community in which it is located.

���� f.� (Deleted by amendment,
P.L. 1985, c. 411.)

���� g.� (Deleted by amendment,
P.L. 1985, c. 411.)

���� h.� "Substandard
dwelling" means any dwelling determined to be substandard by the public
officer.

���� i.� "State Housing
Code" means the code adopted by the Department of Community Affairs
pursuant to P.L. 1966, c. 168

(C. 2A:42-74 et seq.).

���� j.� "Utility
company" means a public utility, as defined in R.S. 48:2-13, or a
municipality, county, water district, authority or other public agency, which
provides electric, gas or water utility service.

(cf: P.L.1985, c.411, s.2)

���� 5.�
The Commissioner of Community Affairs, in consultation with the Administrative
Director of the Administrative Office of the Courts, shall adopt rules and
regulations pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), that are necessary to effectuate the provisions of
P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� 6.� This act shall take effect
on the first day of the third month next following the date of enactment, and
shall apply to tenancies commencing on or after the effective date of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill), except that
the Commissioner of Community Affairs and the Administrative Director of the
Administrative Office of the Courts may take such anticipatory actions as may
be necessary to effectuate the provisions of this bill.�

STATEMENT

���� 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 C
ommissioner 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.