"Immigrant Tenant Protection Act"; provides certain protections to residential tenants and codifies certain warranty of habitability protections.

A4492 1R

[First Reprint]

ASSEMBLY, No. 4492

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Assemblyman� GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblywoman� ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

Assemblywoman� ELLEN J. PARK

District 37 (Bergen)

Assemblyman� GABRIEL RODRIGUEZ

District 33 (Hudson)

Co-Sponsored by:

Assemblywomen Collazos-Gill, Reynolds-Jackson, Brennan and
Quijano

SYNOPSIS

���� �Immigrant Tenant Protection Act.�; provides certain
protections to residential tenants and codifies certain warranty of
habitability protections.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Housing Committee on June
8, 2026, with amendments.

��

An Act
related to the immigration status of residential
tenants, supplementing chapter 42 of Title 2A of the New Jersey Statutes, and
amending
1
P.L.1975,
c.311 and
1

P.L.1970, c.210.

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

���� 1.� (New section)� This act
shall be known and may be cited as the �Immigrant Tenant Protection Act.�

���� 2.��� (New section)� a.� (1)�
A landlord shall not threaten to disclose, or actually disclose, information
relating to the immigration or citizenship status of a tenant, occupant, or
other person known to the landlord to be associated with a tenant or occupant,
for the purpose of influencing the person to vacate a dwelling unit.

���� (2)�� A landlord shall not
bring an action to recover possession of a dwelling unit based solely or
partially on the immigration or citizenship status of a tenant.

���� (3)�� A landlord shall not
cause a tenant or occupant to quit involuntarily, or bring an action to recover
possession,

because
of the immigration or citizenship status of a tenant, occupant, or other person
known to the landlord to be associated with a tenant or occupant, unless the
landlord�s action is in compliance with a legal obligation under a federal
government program that provides for rent limitations or rental assistance to a
qualified tenant.

���� b.��� If a landlord violates
subsection a. of this section, a tenant may bring a civil action to seek one or
more of the following remedies:

���� (1)�� actual damages, as
reasonably determined by the court, for injury or loss suffered;

���� (2)�� a civil penalty in an
amount not to exceed $2,000 for each violation, payable to the tenant;

���� (3)�� reasonable attorney�s
fees and court costs; and

���� (4)�� other
1
[
equitable
]
1

relief as the court may deem appropriate and just.

���� c.���� The immigration or
citizenship status of a person shall not be relevant to any issue of liability
or remedy in a civil action involving a tenant�s housing rights.� In
proceedings or discovery undertaken in a civil action involving a tenant�s
housing rights, no inquiry shall be permitted into the tenant�s immigration or
citizenship status, unless:

���� (1)�� the tenant�s claims or
defenses raised place a person�s immigration or citizenship status directly in
contention; or

���� (2)�� the person seeking to
make the inquiry demonstrates by clear and convincing evidence that the inquiry
is necessary in order to comply with federal law.

���� d.��� The assertion of an
affirmative defense to an eviction action shall not constitute cause for
discovery or other inquiry into a person�s immigration or citizenship status.

���� e.����
1
Nothing
in P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill)
shall be construed to limit an individual�s rights or remedies under the
"Law Against Discrimination," P.L.1945, c.169 (C.10-5-1 et seq.)

����
f.
1
�� As
used in this section, "immigration or citizenship status" includes a
perception that a person has a particular immigration status or citizenship
status, or that a person is associated with a person who has, or is perceived
to have, a particular immigration status or citizenship status.

���� 3.� (New section)� a.� It
shall be an affirmative defense to an action for the removal of a tenant if the
court finds that:

���� (1)�� the landlord�s demand
for possession is based solely or partially on the citizenship or immigration
status of the tenant; or

���� (2)�� if the lease with the
tenant has commenced and the tenant has taken possession, the landlord�s demand
for possession is based solely or partially on the tenant�s failure to provide
a social security number, information required to obtain a consumer credit
report, or a form of identification deemed acceptable by the landlord.

���� b.� In an
1
[
unlawful
detainer action
]

action to recover possession of a dwelling unit
1
, a
tenant or occupant may raise, as an affirmative defense, that the landlord
violated the provisions of P.L. , c.��� (C.������� )
(pending before the Legislature as this bill).

���� c.� There shall be a
rebuttable presumption that a tenant or occupant has established an affirmative
defense under this section in an
1
[
unlawful
detainer action
]

action to recover possession of a dwelling unit
1
if the
landlord did the following:

���� (1)� approved the tenant or
occupant to take possession of a unit before filing an
1
[
unlawful
detainer action
]

action to recover possession of a dwelling unit
1
; and

���� (2)� included in the
1
[
unlawful
detainer action
]

action to recover possession of a dwelling unit
1
a claim
based on one of the following:

���� (a)� the failure of a
previously approved tenant or occupant to provide a valid social security
number;

���� (b)� the failure of a
previously approved tenant or occupant to provide information required to
obtain a consumer credit report; or

(c)� the failure of a previously
approved tenant or occupant to provide a form of identification deemed
acceptable by the landlord.

���� d.� Nothing in this section
shall be construed as prohibiting a landlord from:

���� (1)� complying with a
subpoena, warrant, court order, or legal obligation including, but not limited
to, a legal obligation under a government program that provides for rent
limitations or rental assistance to a qualified tenant;

���� (2)� requesting information or
documentation necessary to determine or verify the financial qualifications of
a prospective tenant, or to determine or verify the identity of a prospective
tenant or prospective occupant;

���� (3)� notifying a tenant that
the tenant�s conduct violates the terms of a lease, rental agreement, rule, or
regulation.

���� e.� This section shall not be
construed as enlarging or diminishing a landlord�s right to terminate a tenancy
pursuant to State or local law.

���� f.� This section shall not be
construed as enlarging or diminishing the ability of a municipality to regulate
or enforce a prohibition against a landlord�s harassment of a tenant.

���� 4.� (New section)� The
Commissioner of Community Affairs shall, as soon as practicable following the
enactment of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill), prepare and make available at no cost to the public, a summary of
the rights and responsibilities of landlords and tenants that are established
pursuant to P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).� The summary shall be accessible to the public on the Internet
website of the Department of Community Affairs, in each of the seven most
common non-English languages spoken by individuals with limited-English
proficiency in the State, as determined pursuant to P.L.2023, c.263 (C.52:14-40
et seq.).� The commissioner shall periodically update this summary as necessary
to retain accuracy.�

���� 5.� (New section)� A warranty
of habitability shall be implied in every written lease, oral lease, or rental
agreement for residential premises, warranting that the premises so leased or
rented, including the areas used in common with other tenants or residents, are
fit for human habitation and for the uses reasonably expected and intended by
residential tenants, and that the occupants of the residential premises,
regardless of immigration or citizenship status, shall not be subjected to any
conditions which would be dangerous, hazardous, or detrimental to their life,
health, or safety, or to the livability of the residential premises.

����
1
6.�� Section
3 of P.L.1975, c.311 (C.2A:18-61.6) is amended to read as follows:

���� a.���� Where a tenant vacates
the premises after being given a notice alleging the owner seeks to personally
occupy the premises under subsection l. of section 2 of P.L.1974, c.49
(C.2A:18-61.1) and the owner thereafter arbitrarily fails to personally occupy
the premises for a total of at least six months, or arbitrarily fails to
execute the contract for sale, but instead permits personal occupancy of the
premises by another tenant or instead permits registration of conversion of the
premises by the Department of Community Affairs pursuant to "The Planned
Real Estate Development Full Disclosure Act," P.L. 1977, c.419
(C.45:22A-21 et seq.), such owner shall be liable to the former tenant in a
civil action for three times the damages plus the tenant's attorney fees and
costs.

���� b.��� If an owner purchases
the premises pursuant to a contract requiring the tenant to vacate in
accordance with subsection l. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and
thereafter arbitrarily fails to personally occupy the premises for a total of
at least six months, but instead permits personal occupancy of the premises by
another tenant or instead permits registration of conversion of the premises by
the Department of Community Affairs pursuant to P.L.1977, c.419 (C.45:22A-21 et
seq.), such owner-purchaser shall be liable to the former tenant in a civil
action for three times the damages plus the tenant's attorney fees and costs.

���� c.���� If a tenant vacates a
dwelling unit after notice has been given alleging that the owner seeks to
permanently board up or demolish the premises or to retire permanently the
premises from residential use pursuant to subsection g.(1) or h. of section 2
of P.L.1974, c.49 (C.2A:18-61.1) and instead, within five years following the
date on which the dwelling unit or the premises become vacant, an owner permits
residential use of the vacated premises, the owner shall be liable to the
former tenant in a civil action for three times the damages plus the tenant's
attorney fees and costs of suit.

���� An owner of any premises where
notice has been given pursuant to subsection g.(1) or h. of section 2 of
P.L.1974, c.49 (C.2A:18-61.1), who subsequently seeks to sell, lease or convey
the property to another, shall, before executing any lease, deed or contract
for such conveyance, advise in writing the prospective owner that such notice
was given and that the owners of the property are subject to the liabilities
provided in this subsection and sections 3 and 4 of
[
this 1986 amendatory and
supplementary act
]

P.L.1986, c.138 (C.2A:18-61.1c and C.2A:18-61.1d)
.� Whoever fails to so
advise a prospective owner prior to the execution of the contract of sale,
lease or conveyance is liable to a civil penalty of not less than $2,500.00 or
more than $10,000.00 for each offense, and shall also be liable in treble damages,
plus attorney fees and costs of suit, for any loss or expenses incurred by a
new owner of the property as a result of that failure. The civil penalty
prescribed in this subsection shall be collected and enforced by summary
proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1
et seq.).� The Superior Court, Law Division, Special Civil Part, in the county
in which the rental premises are located shall have jurisdiction over such
proceedings.� Process shall be in the nature of a summons or warrant, and shall
issue upon the complaint of the Commissioner of the Department of Community
Affairs, the Attorney General, or any other person.

���� d.��� If a tenant vacates a
dwelling unit after receiving from an owner an eviction notice (1) purporting
to compel by law the tenant to vacate the premises for cause or purporting that
if the tenant does not vacate the premises, the tenant shall be compelled by
law to vacate the premises for cause; and (2) using a cause that is clearly not
provided by law or using a cause that is based upon a lease clause which is
contrary to law pursuant to section 6 of P.L.1975, c.310 (C.46:8-48); and (3)
misrepresenting that, under the facts alleged, the tenant would be subject to
eviction, the owner shall be liable to the former tenant in a civil action for
three times the damages plus the tenant's attorney fees and costs.� An owner
shall not be liable under this subsection for alleging any cause for eviction
which, if proven, would subject the tenant to eviction pursuant to
N.J.S.2A:18-53 et seq. or P.L.1974, c.49 (C.2A:18-61.1 et seq.).

����
If a tenant vacates a
dwelling unit after the owner or landlord threatens to disclose, or actually
discloses, information relating to the immigration or citizenship status of a
tenant, occupant, or other person known to the landlord to be associated with a
tenant or occupant, unless the landlord�s action is in compliance with a legal
obligation under a federal government program that provides for rent
limitations or rental assistance to a qualified tenant, the owner or landlord
shall be liable to the former tenant in a civil action for three times the
damages plus the tenant's attorney fees and costs.

���� In any action under this
section the court shall, in addition to damages, award any other appropriate
legal or equitable relief.� For the purposes of P.L.1974, c.49 (C.2A:18-61.1 et
seq.), the term "owner" includes, but is not limited to, lessee,
successor owner and lessee, and other successors in interest.

���� e.���� An owner shall not be
liable for damages pursuant to this section or section 6 of
[
this 1986
amendatory and supplementary act
]

P.L.1986, c.138 (C.2A:18-61.1e)
or subject to a more restrictive local
ordinance adopted pursuant to section 8 of
[
this
1986 amendatory and supplementary act
]

P.L.1986, c.138 (C.2A:18-61.1f)
if:

���� (1)�� Title to the premises
was transferred to that owner by means of a foreclosure sale, execution sale or
bankruptcy sale; and

���� (2)�� Prior to the foreclosure
sale, execution sale or bankruptcy sale, the former tenant vacated the premises
after receiving eviction notice from the former owner pursuant to subsection
g.(1) or h. of section 2 of P.L.1974, c.49 (C.2A:18-61.1); and

���� (3)�� The former owner retains
no financial interest, direct or indirect, in the premises.� The term
"former owner" shall include, but not be limited to, any officer or
board member of a corporation which was the former owner and any holder of more
than
[
5%
]

five
percent
equity interest in any incorporated or unincorporated business
entity that was the former owner; and

���� (4)�� The former tenant is
provided notice and rights in accordance with the provisions of section 6 of
[
this 1986
amendatory and supplementary act
]

P.L.1986, c.138 (C.2A:18-61.1e)
.
1

(cf: P.L.1986, c.138, s.5)

����� 1
[
6
]

7
1
. �Section
1 of P.L.1970, c.210 (C.2A:42-10.10) is amended to read as follows:

���� 1.��� No landlord of premises
or units to which
[
this
act
]

P.L.1970,
c.210 (C.2A:42-10.10 et seq.)
is applicable shall serve a notice to quit
upon any tenant or institute any action against a tenant to recover possession
of premises, whether by summary dispossess proceedings, civil action for the
possession of land, or otherwise:

���� a.���� As a reprisal for the
tenant's efforts to secure or enforce any rights under the lease or contract,
or under the laws of the State of New Jersey or its governmental subdivisions,
or of the United States; or

���� b.��� As a reprisal for the
tenant's good faith complaint to a governmental authority of the landlord's
alleged violation of any health or safety law, regulation, code or ordinance,
or State law or regulation which has as its objective the regulation of premises
used for dwelling purposes; or

���� c.����
(1)
� As a
reprisal for the tenant's being an organizer of, a member of, or involved in
any activities of, any lawful organization; or

����
(2)�� As a reprisal for or
on the basis of the tenant�s immigration or citizenship status; or

���� d.��� On account of the
tenant's failure or refusal to comply with the terms of the tenancy as altered
by the landlord, if the landlord shall have altered substantially the terms of
the tenancy as a reprisal for any actions of the tenant set forth in subsection
a
1
.
1
, b
1
.
1
, and c
1
.
1
of
this

section
[
1
of this act
]
.
�Substantial alteration shall include the refusal to renew a lease or to
continue a tenancy of the tenant without cause.

���� Under subsection b
.
of
this section the tenant shall originally bring
1
[
his
]

the tenant�s
1
good
faith complaint to the attention of the landlord or
1
[
his agent
]

property
manager
1
and
give the landlord a reasonable time to correct the violation before complaining
to a governmental authority.

���� A landlord shall be subject to
a civil action by the tenant for damages and other appropriate relief,
including injunctive and other equitable remedies, as may be determined by a
court of competent jurisdiction in every case in which the landlord has violated
the provisions of this section.

(cf: P.L.1970, c.210, s.1)

����
1
8.�� Section
4 of P.L.1970, c.210 (C.2A:42-10.13) is amended to read as follows:

���� This act shall apply to all
rental premises or units used for dwelling purposes except owner-occupied
premises with not more than two rental units
, except that the provisions of
P.L. , c. (C. )
(pending before the Legislature as this bill) shall apply to all rental
premises or units used for dwelling purposes including all owner-occupied
premises
.� Mobile home spaces and mobile homes shall constitute rental
premises under this act.
1

(cf: P.L.1975, c.124, s.1)

����
1
[
7.
]

9.
1
� This
act shall take effect immediately.