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A4218
ASSEMBLY, No. 4218
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman� SHAMA A. HAIDER
District 37 (Bergen)
Co-Sponsored by:
Assemblyman Webber
SYNOPSIS
���� Provides rental and lease protections for victims of
domestic violence, sexual assault, or stalking.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning certain lease agreements, amending and
supplementing various parts of the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section) �a. �A
landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to
enter into a rental agreement based on the tenant�s or applicant�s or a
household member�s status as a victim of domestic violence, sexual assault, or
stalking, or based on the tenant or applicant having terminated a rental
agreement pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6).
���� b.��� Subsection a. shall
apply if the tenant provides the landlord with any of the following:
���� (1)�� a copy of a permanent
restraining order issued by a court pursuant to section 13 of �the Prevention
of Domestic Violence Act of 1991,� P.L.1991, c.261 (C.2C:25-29);
���� (2)�� a copy of a permanent
restraining order from another jurisdiction, issued pursuant to the
jurisdiction�s laws concerning domestic violence, sexual assault, or stalking;
���� (3)�� a law enforcement agency
record documenting the domestic violence, or certifying that the tenant or a
child of the tenant is a victim of domestic violence, sexual assault, or
stalking;
���� (4)�� medical documentation of
the domestic violence, sexual assault, or stalking provided by a health care
provider;
���� (5)�� certification, provided
by a certified Domestic Violence Specialist, or the director of a designated
domestic violence agency, that the tenant or a child of the tenant is a victim
of domestic violence; or
���� (6)�� other documentation or
certification, provided by a licensed social worker, that the tenant or a child
of the tenant is a victim of domestic violence, sexual assault, or stalking.
���� c.���� A landlord who refuses
to enter into a rental agreement in violation of this section may be liable to
the tenant or applicant in a civil action for damages sustained by the tenant
or applicant. The prevailing party may also recover court costs and reasonable
attorneys� fees.
���� d.��� It shall be a defense to
any action to remove a tenant under Chapter 18 of Title 2A that the action to
remove the tenant and recover possession of the premises is in violation of
subsection a. of this section.
���� e.���� Nothing in this section
shall be construed to prohibit adverse housing decisions based upon other
lawful factors within the landlord�s knowledge.
���� 2.��� N.J.S.2A:18-53 is
amended to read as follows:
���� 2A:18-53.�� Except for
residential lessees and tenants included in section 2 of this act, any lessee
or tenant at will or at sufferance, or for a part of a year, or for one or more
years, of any houses, buildings, lands or tenements, and the assigns,
undertenants or legal representatives of such tenant or lessee, may be removed
from such premises by the Superior Court, Law Division, Special Civil Part in
an action in the following cases:
���� a.���� Where such person holds
over and continues in possession of all or any part of the demised premises
after the expiration of his term, and after demand made and written notice
given by the landlord or his agent, for delivery of possession thereof. The notice
shall be served either personally upon the tenant or such person in possession
by giving him a copy thereof or by leaving a copy of the same at his usual
place of abode with a member of his family above the age of 14 years.
���� b.��� Where such person shall
hold over after a default in the payment of rent, pursuant to the agreement
under which the premises are held.
���� c.���� Where such person (1)
shall be so disorderly as to destroy the peace and quiet of the landlord or the
other tenants or occupants living in said house or the neighborhood, or (2)
shall willfully destroy, damage or injure the premises, or (3) shall constantly
violate the landlord's rules and regulations governing said premises, provided,
such rules have been accepted in writing by the tenant or are made a part of
the lease; or (4) shall commit any breach or violation of any of the covenants
or agreements in the nature thereof contained in the lease for the premises
where a right of re-entry is reserved in the lease for a violation of such
covenants or agreements, and shall hold over and continue in possession of the
demised premises or any part thereof, after the landlord or his agent for that
purpose has caused a written notice of the termination of said tenancy to be
served upon said tenant, and a demand that said tenant remove from said
premises within three days from the service of such notice. The notice shall
specify the cause of the termination of the tenancy, and shall be served either
personally upon the tenant or such person in possession by giving him a copy
thereof, or by leaving a copy thereof at his usual place of abode with some
member of his family above the age of 14 years.
����
Nothing in this section
shall be construed to authorize the removal of a lessee or tenant or the
assigns, under-tenants or legal representatives of such lessee or tenant from
any house, building, mobile home or land in a mobile home park or tenement
leased for residential purposes based upon such person�s status as a victim of
domestic violence, sexual assault, or stalking.
(cf: P.L.1991, c.91, s.64)
���� 3.��� Section 2 of P.L.1974,
c.49 (C.2A:18-61.1) is amended to read as follows:
���� 2.��� No lessee or tenant or
the assigns, under-tenants or legal representatives of such lessee or tenant
may be removed by the Superior Court from any house, building, mobile home or
land in a mobile home park or tenement leased for residential purposes, other
than (1) owner-occupied premises with not more than two rental units or a
hotel, motel or other guest house or part thereof rented to a transient guest
or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a
member of the immediate family of the person or persons establishing the trust,
provided that the member of the immediate family on whose behalf the trust is
established permanently occupies the unit; and (3) a dwelling unit which is
permanently occupied by a member of the immediate family of the owner of that
unit, provided, however, that exception (2) or (3) shall apply only in cases in
which the member of the immediate family has a developmental disability, except
upon establishment of one of the following grounds as good cause:
���� a.���� The person fails to pay
rent due and owing under the lease whether the same be oral or written;
provided that, for the purposes of this section, any portion of rent unpaid by
a tenant to a landlord but utilized by the tenant to continue utility service to
the rental premises after receiving notice from an electric, gas, water or
sewer public utility that such service was in danger of discontinuance based on
nonpayment by the landlord, shall not be deemed to be unpaid rent.
���� b.��� The person has continued
to be, after written notice to cease, so disorderly as to destroy the peace and
quiet of the occupants or other tenants living in said house or neighborhood.
���� c.���� The person has
willfully or by reason of gross negligence caused or allowed destruction,
damage or injury to the premises.
���� d.��� The person has
continued, after written notice to cease, to substantially violate or breach
any of the landlord's rules and regulations governing said premises, provided
such rules and regulations are reasonable and have been accepted in writing by
the tenant or made a part of the lease at the beginning of the lease term.
���� e.���� (1)� The person has
continued, after written notice to cease, to substantially violate or breach
any of the covenants or agreements contained in the lease for the premises
where a right of reentry is reserved to the landlord in the lease for a
violation of such covenant or agreement, provided that such covenant or
agreement is reasonable and was contained in the lease at the beginning of the
lease term.
���� (2)�� In public housing under
the control of a public housing authority or redevelopment agency, the person
has substantially violated or breached any of the covenants or agreements
contained in the lease for the premises pertaining to illegal uses of controlled
dangerous substances, or other illegal activities, whether or not a right of
reentry is reserved to the landlord in the lease for a violation of such
covenant or agreement, provided that such covenant or agreement conforms to
federal guidelines regarding such lease provisions and was contained in the
lease at the beginning of the lease term.
���� f.���� The person has failed
to pay rent after a valid notice to quit and notice of increase of said rent,
provided the increase in rent is not unconscionable and complies with any and
all other laws or municipal ordinances governing rent increases.
���� g.��� The landlord or owner
(1) seeks to permanently board up or demolish the premises because he has been
cited by local or State housing inspectors for substantial violations affecting
the health and safety of tenants and it is economically unfeasible for the
owner to eliminate the violations; (2) seeks to comply with local or State
housing inspectors who have cited him for substantial violations affecting the
health and safety of tenants and it is unfeasible to so comply without removing
the tenant; simultaneously with service of notice of eviction pursuant to this
clause, the landlord shall notify the Department of Community Affairs of the
intention to institute proceedings and shall provide the department with such
other information as it may require pursuant to rules and regulations.� The
department shall inform all parties and the court of its view with respect to
the feasibility of compliance without removal of the tenant and may in its
discretion appear and present evidence; (3) seeks to correct an illegal
occupancy because he has been cited by local or State housing inspectors or
zoning officers and it is unfeasible to correct such illegal occupancy without
removing the tenant; or (4) is a governmental agency which seeks to permanently
retire the premises from the rental market pursuant to a redevelopment or land
clearance plan in a blighted area. In those cases where the tenant is being
removed for any reason specified in this subsection, no warrant for possession
shall be issued until P.L.1967, c.79 (C.52:31B-1 et seq.) and P.L.1971, c.362
(C.20:4-1 et seq.) have been complied with.
���� h.��� The owner seeks to
retire permanently the residential building or the mobile home park from
residential use or use as a mobile home park, provided this subsection shall
not apply to circumstances covered under subsection g. of this section.
���� i.���� The landlord or owner
proposes, at the termination of a lease, reasonable changes of substance in the
terms and conditions of the lease, including specifically any change in the
term thereof, which the tenant, after written notice, refuses to accept; provided
that in cases where a tenant has received a notice of termination pursuant to
subsection g. of section 3 of P.L.1974, c.49 (C.2A:18-61.2), or has a protected
tenancy status pursuant to the �Senior Citizens and Disabled Protected Tenancy
Act,� P.L.1981, c.226 (C.2A:18-61.22 et al.), or pursuant to the �Tenant
Protection Act of 1992,� P.L.1991, c.509 (C.2A:18-61.40 et al.), the landlord
or owner shall have the burden of proving that any change in the terms and
conditions of the lease, rental or regulations both is reasonable and does not
substantially reduce the rights and privileges to which the tenant was entitled
prior to the conversion.
���� j.���� The person, after
written notice to cease, has habitually and without legal justification failed
to pay rent which is due and owing.
���� k.��� The landlord or owner of
the building or mobile home park is converting from the rental market to a
condominium, cooperative or fee simple ownership of two or more dwelling units
or park sites, except as hereinafter provided in subsection l. of this section.
Where the tenant is being removed pursuant to this subsection, no warrant for
possession shall be issued until this act has been complied with.� No action
for possession shall be brought pursuant to this subsection against a senior
citizen tenant or disabled tenant with protected tenancy status pursuant to the
�Senior Citizens and Disabled Protected Tenancy Act,� P.L.1981, c.226
(C.2A:18-61.22 et al.), or against a qualified tenant under the �Tenant
Protection Act of 1992,� P.L.1991, c.509 (C.2A:18-61.40 et al.), as long as the
agency has not terminated the protected tenancy status or the protected tenancy
period has not expired.
���� l.���� (1) The owner of a
building or mobile home park, which is constructed as or being converted to a
condominium, cooperative or fee simple ownership, seeks to evict a tenant or
sublessee whose initial tenancy began after the master deed, agreement
establishing the cooperative or subdivision plat was recorded, because the
owner has contracted to sell the unit to a buyer who seeks to personally occupy
it and the contract for sale calls for the unit to be vacant at the time of
closing.� However, no action shall be brought against a tenant under paragraph
(1) of this subsection unless the tenant was given a statement in accordance
with section 6 of P.L.1975, c.311 (C.2A:18-61.9);
���� (2)�� The owner of three or
less condominium or cooperative units seeks to evict a tenant whose initial
tenancy began by rental from an owner of three or less units after the master
deed or agreement establishing the cooperative was recorded, because the owner
seeks to personally occupy the unit, or has contracted to sell the unit to a
buyer who seeks to personally occupy it and the contract for sale calls for the
unit to be vacant at the time of closing;
���� (3)�� The owner of a building
of three residential units or less seeks to personally occupy a unit, or has
contracted to sell the residential unit to a buyer who wishes to personally
occupy it and the contract for sale calls for the unit to be vacant at the time
of closing.
���� m.�� The landlord or owner
conditioned the tenancy upon and in consideration for the tenant's employment
by the landlord or owner as superintendent, janitor or in some other capacity
and such employment is being terminated.
���� n.��� The person has been
convicted of or pleaded guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed by an adult would
constitute an offense under the �Comprehensive Drug Reform Act of 1987,�
N.J.S.2C:35-1 et al. involving the use, possession, manufacture, dispensing or
distribution of a controlled dangerous substance, controlled dangerous
substance analog or drug paraphernalia within the meaning of that act within or
upon the leased premises or the building or complex of buildings and land
appurtenant thereto, or the mobile home park, in which those premises are
located, and has not in connection with his sentence for that offense either
(1) successfully completed or (2) been admitted to and continued upon probation
while completing, a drug rehabilitation program pursuant to N.J.S.2C:35-14; or,
being the tenant or lessee of such leased premises, knowingly harbors or
harbored therein a person who has been so convicted or has so pleaded, or
otherwise permits or permitted such a person to occupy those premises for
residential purposes, whether continuously or intermittently, except that this
subsection shall not apply to a person harboring or permitting a juvenile to
occupy the premises if the juvenile has been adjudicated delinquent upon the
basis of an act which if committed by an adult would constitute the offense of
use or possession under the said act. No action for removal may be brought
pursuant to this subsection more than two years after the date of the
adjudication or conviction or more than two years after the person's release
from incarceration whichever is the later.
���� o.��� The person has been
convicted of or pleaded guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed by an adult would
constitute an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault,
or terroristic threats against the landlord, a member of the landlord's family
or an employee of the landlord; or, being the tenant or lessee of such leased
premises, knowingly harbors or harbored therein a person who has been so
convicted or has so pleaded, or otherwise permits or permitted such a person to
occupy those premises for residential purposes, whether continuously or
intermittently. No action for removal may be brought pursuant to this
subsection more than two years after the adjudication or conviction or more
than two years after the person's release from incarceration whichever is the
later.
���� p.��� The person has been
found, by a preponderance of the evidence, liable in a civil action for removal
commenced under this act for an offense under N.J.S.2C:20-1 et al. involving
theft of property located on the leased premises from the landlord, the leased
premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or
N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a
member of the landlord's family or an employee of the landlord, or under the �Comprehensive
Drug Reform Act of 1987,� N.J.S.2C:35-1 et al., involving the use, possession,
manufacture, dispensing or distribution of a controlled dangerous substance,
controlled dangerous substance analog or drug paraphernalia within the meaning
of that act within or upon the leased premises or the building or complex of
buildings and land appurtenant thereto, or the mobile home park, in which those
premises are located, and has not in connection with his sentence for that
offense either (1) successfully completed or (2) been admitted to and continued
upon probation while completing a drug rehabilitation program pursuant to
N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises,
knowingly harbors or harbored therein a person who committed such an offense,
or otherwise permits or permitted such a person to occupy those premises for
residential purposes, whether continuously or intermittently, except that this
subsection shall not apply to a person who harbors or permits a juvenile to occupy
the premises if the juvenile has been adjudicated delinquent upon the basis of
an act which if committed by an adult would constitute the offense of use or
possession under the said �Comprehensive Drug Reform Act of 1987.�
���� q.��� The person has been
convicted of or pleaded guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed by an adult would
constitute an offense under N.J.S.2C:20-1 et al. involving theft of property
from the landlord, the leased premises or other tenants residing in the same
building or complex; or, being the tenant or lessee of such leased premises,
knowingly harbors therein a person who has been so convicted or has so pleaded,
or otherwise permits such a person to occupy those premises for residential
purposes, whether continuously or intermittently.
���� r.���� The person is found in
a civil action, by a preponderance of the evidence, to have committed a
violation of the human trafficking provisions set forth in section 1 of
P.L.2005, c.77 (C.2C:13-8)� within or upon the leased premises or the building
or complex of buildings and land appurtenant thereto, or the mobile home park,
in which those premises are located; or, being the tenant or lessee of such
leased premises, knowingly harbors or harbored therein a person who has been
engaged in human trafficking, or otherwise permits or permitted such a person
to occupy those premises for residential purposes, whether continuously or
intermittently. No action for removal may be brought pursuant to this
subsection more than two years after the alleged violation has terminated.� A
criminal conviction or a guilty plea to a crime of human trafficking under
section 1 of P.L.2005, c.77 (C.2C:13-8) shall be considered prima facie
evidence of civil liability under this subsection.
���� For purposes of this section,
(1) �developmental disability� means any disability which is defined as such
pursuant to section 3 of P.L.1977, c.82 (C.30:6D-3); (2) �member of the
immediate family� means a person's spouse, parent, child or sibling, or a
spouse, parent, child or sibling of any of them; and (3) �permanently� occupies
or occupied means that the occupant maintains no other domicile at which the
occupant votes, pays rent or property taxes or at which rent or property taxes
are paid on the occupant's behalf.
����
Nothing in this section
shall be construed to authorize the removal of a lessee or tenant or the
assigns, under-tenants or legal representatives of such lessee or tenant from
any house, building, mobile home or land in a mobile home park or tenement
leased for residential purposes based upon such person�s status as a victim of domestic
violence, sexual assault, or stalking.
(cf: P.L.2013, c.51, s.7)
���� 4.��� Section 3 of P.L.2008,
c.111 (C.46:8-9.6) is amended to read as follows:
���� 3.��� The tenant may terminate
any lease of a residential property that has been leased and used by the tenant
solely for the purpose of providing a dwelling place for the tenant, or for the
tenant's family, prior to the expiration date thereof, if the tenant fulfills
all requirements and procedures as established by P.L.2008, c.111 (C.46:8-9.4
et al.) and provides the landlord with:
���� a.���� written notice that the
tenant or a child of the tenant faces an imminent threat of serious physical
harm from another named person if the tenant remains on the leased premises;
and
���� b.��� any of the following:
���� (1)�� a
[
certified
]
copy of a
permanent restraining order issued by a court pursuant to section 13 of �The
Prevention of Domestic Violence Act of 1991,� P.L.1991, c.261 (C.2C:25-29), and
protecting the tenant from the person named in the written notice;
���� (2)�� a
[
certified
]
copy of a
permanent restraining order from another jurisdiction, issued pursuant to the
jurisdiction's laws concerning domestic violence, and protecting the tenant
from the person named in the written notice;
���� (3)�� a law enforcement agency
record documenting the domestic violence, or certifying that the tenant or a
child of the tenant is a victim of domestic violence;
���� (4)�� medical documentation of
the domestic violence provided by a health care provider;
���� (5)�� certification, provided
by a certified Domestic Violence Specialist, or the director of a designated
domestic violence agency, that the tenant or a child of the tenant is a victim
of domestic violence; or
���� (6)�� other documentation or
certification, provided by a licensed social worker, that the tenant or a child
of the tenant is a victim of domestic violence.
(cf: P.L.2008, c.111, s.3)
���� 5.��� This act shall take
effect immediately.
STATEMENT
����� This bill would provide rental and lease protections
for victims of domestic violence, sexual assault, or stalking.� Under the bill,
a landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to
enter into a rental agreement based on the tenant�s or applicant�s or a
household member�s status as a victim of domestic violence, sexual assault, or
stalking, or based on the tenant or applicant having terminated a rental
agreement pursuant to the �New Jersey Safe Housing Act,� P.L.2008, c.111
(C.46:8-9.4 et seq.).� Under the �New Jersey Safe Housing Act,� a tenant may
terminate a lease prior to its expiration if the tenant provides written notice
that the tenant or a child of the tenant faces an imminent threat of serious
physical harm from another person if the tenant remains on the premises, and
provides appropriate documentation.
����� The bill provides for the same documentation
requirements as those set out in the �New Jersey Safe Housing Act.�� The
documentation may be any of the following:
����� (1)� a copy of a permanent domestic violence
restraining order;
����� (2)� a copy of a permanent restraining order from
another jurisdiction, issued pursuant to the jurisdiction�s laws concerning
domestic violence, sexual assault, or stalking;
����� (3)� a law enforcement agency record documenting the
domestic violence, or certifying that the tenant or a child of the tenant is a
victim of domestic violence, sexual assault, or stalking;
����� (4)� medical documentation of the domestic violence,
sexual assault, or stalking provided by a health care provider;
����� (5)� certification, provided by a certified Domestic
Violence Specialist, or the director of a designated domestic violence agency,
that the tenant or a child of the tenant is a victim of domestic violence; or
����� (6)� other documentation or certification, provided
by a licensed social worker, that the tenant or a child of the tenant is a
victim of domestic violence, sexual assault, or stalking.
����� Under the bill, a landlord who refuses to enter into
a rental agreement in violation of this section may be liable to the tenant or
applicant in a civil action for damages sustained by the tenant or applicant.�
The prevailing party may also recover court costs and reasonable attorneys�
fees.
����� The bill amends N.J.S.A.2A:18-53 and
N.J.S.A.2A:18-61.1, which concern actions by landlords to remove tenants, to
provide that these sections of law shall not be construed to authorize the
removal of a lessee or tenant or the assigns, under-tenants or legal
representatives of such lessee or tenant from any house, building, mobile home
or land in a mobile home park or tenement leased for residential purposes based
upon such person�s status as a victim of domestic violence, sexual assault, or
stalking.