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A4919
ASSEMBLY, No. 4919
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 7, 2026
Sponsored by:
Assemblyman� KENYATTA STEWART
District 35 (Bergen and Passaic)
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblyman Kearney and Assemblywoman Morales
SYNOPSIS
���� Requires Division of Consumer Affairs to investigate
allegations of excessive or discriminatory rent setting on affordable housing.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
enhances protections against excessive or
discriminatory rent setting for affordable housing and supplementing chapter 18
of Title 2A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� As used in this
section:
���� �Excessive rent� means rent
charged for a low- or moderate-income housing unit that:
���� (1)�� exceeds the maximum rent
permitted under any federal, State, or local affordable housing program
requirements, including, the �Fair Housing Act,� P.L.1985, c.222 (C.52:27D-301
et al.) or regulations of the New Jersey Housing and Mortgage Finance Agency;
���� (2)�� increases by more than
10 percent within a year for a deed-restricted or subsidized unit without
documented justification approved by the appropriate oversight entity; or
���� (3)�� is inconsistent with
rent schedules filed with or approved by a governmental entity.
���� �Low- or moderate-income
rental housing unit� or �housing unit� means a housing unit offered for rent
that is occupied by, made available to, or reserved for occupancy by, a low- or
moderate-income tenant and is deed-restricted, subsidized, otherwise subject to
affordability controls under federal, State, or local law.�
���� �Low- or moderate-income
tenant� means a tenant or prospective tenant:
���� (1)� of a housing unit
reserved for occupancy by low- or moderate-income households pursuant to the �Fair
Housing Act,� P.L.1985, c.222 (C.52:27D-301 et al.); or
���� (2)� who is participating in
in the State rental assistance program, established pursuant to section 1 of
P.L.2004, c.140 (C.52:27D-287.1).
���� b.� In addition to any other
protections against the charging of excessive rent, a low- or moderate-income
tenant, or municipal housing official, may report the charging of excessive
rent on a low- or moderate-income rental housing unit to the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety.� Acting
on a complaint by a tenant or prospective tenant, the director shall
investigate the owner of a low- or moderate-income rental housing unit, or any
other company involved with the setting of rents, that is alleged to have
engaged in rent setting that is excessive or discriminatory within 30 days of
the receipt of a complaint, and to the extent practicable, make a determination
within 90 days.
���� c.���� In addition to any
other applicable penalties, an owner of a low- or moderate-income rental housing
unit, or any other company involved with the setting of rents that is found to
have engaged in rent setting found to be excessive, or discriminatory or has
acted in reprisal against a tenant for filing a complaint or participating in
an investigation shall be liable to a civil penalty of $1,000 for the first violation,
$2,500 for the second violation, and $5,000 for each subsequent violation, recoverable
by a summary proceeding under the �Penalty Enforcement Law of 1999� P.L.1999,
c.274 (C.2A:58-10 et seq.) and be liable to restitution to an affected tenant
in an amount equal to the excess rent paid and interest.� No owner, or company,
shall be found liable if the rent charged is in compliance with applicable
federal, State, or local agency or judiciary requirements. A municipality may,
by ordinance, enact additional penalties pursuant to rent control or rent
increase ordinances. The Superior Court, Law Division, Special Civil Part in
the county in which the rental unit are located shall have jurisdiction over
such proceedings.
���� d.��� An owner of a low- or
moderate-income rental housing unit, or any other company involved with the
setting of rents, shall be prohibited from acting in reprisal against a tenant
or prospective tenant for filing a complaint or participating in an
investigation.� Reprisal for filing a complaint or participating in an
investigation shall constitute an additional and separate violation.
���� e.���� The Director of the
Division of Consumer Affairs shall submit a report detailing the number of
complaints received; the number of investigations conducted; the number and
nature of violations found; penalties assessed; and any recommendations to the
Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the
Legislature, on or before March 1 of each year.
���� f.���� On or before the first
day of the third month next following the enactment of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety shall
adopt, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.),� rules and regulations necessary to effectuate the
provisions of this section including, but not limited to, standards for what
would be considered excessive or discriminatory rent setting on low- or
moderate-income rental housing units, and procedures for how a low- or
moderate-income tenant may file a complaint alleging a rent setting violation
through the Division of Consumer Affairs in the Department of Law and Public
Safety.
���� 2.��� This act shall take
effect on the first day of the third month following enactment.
STATEMENT
���� This bill requires the
Director of the Division of Consumer Affairs to investigate a complaint by a
low- or moderate-income tenant, or municipal housing official, who alleges the
charging of excessive rent on a low- or moderate-income rental housing.�
���� The bill provides that an
owner of a low- or moderate-income rental housing unit, or any other company
involved with the setting of rents, that is found to have engaged in rate
setting that is deemed excessive or discriminatory or has acted in reprisal
against a tenant for filing a complaint or participating in an investigation is
liable for a penalty of $1,000 for the first violation, $2,500 for the second
violation, and $5,000 for each subsequent violation and restitution to an
affected tenant in an amount equal to the excess rent paid and interest. �The
bill provides that no owner, or company, shall be found liable if the rent
charged is in compliance with applicable federal, State, or local agency or
judiciary requirements.� The bill permits a municipality to enact an ordinance
proscribing additional penalties pursuant to rent control or rent increase
ordinances.
���� The bill prohibits an owner of
a low- or moderate-income rental housing unit, or any other company involved
with the setting of rents, shall be prohibited from acting in reprisal against
a tenant or prospective tenant for filing a complaint or participating in an
investigation.� Reprisal for filing a complaint or participating in an
investigation shall constitute an additional and separate violation.
���� The bill requires the Director
of the Division of Consumer Affairs to submit a report detailing the number of
complaints received; the number of investigations conducted; the number and
nature of violations found; penalties assessed; and any recommendations to the
Governor and to the Legislature on or before March 1 of each year.
���� The bill directs Director of
the Division of Consumer Affairs to adopt rules and regulations including, but
not limited to, standards for what would be considered excessive or
discriminatory rent setting on low- or moderate-income rental housing units,
and procedures for how a low- or moderate-income tenant may file a complaint
alleging a rent setting violation through the Division of Consumer Affairs in
the Department of Law and Public Safety.