Prohibits photo identification requirement for residential rental application.

S3999

SENATE, No. 3999

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Prohibits photo identification requirement for
residential rental application.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning protections for applicants or
prospective tenants of residential rental units and supplementing chapter 42 of
Title 2A of the New Jersey Statutes.

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

���� 1.� The Legislature finds and
declares that:

���� a.� Under State and federal
law, it is illegal for a landlord, landlord�s agent, or third-party screening
vendor to reject, refuse to lease to, or discriminate against an applicant
because of race, religion, color, national origin, ancestry, marital status,
sex, sexual orientation, or physical or mental handicap;

���� b.� Although discrimination is
prohibited, an applicant may be rejected for a plurality of reasons, including
an applicant�s habits, hygiene, income, credit score, lack of adequate rental
history, failure to correctly complete the application, or for previous
negative reviews, some of which could be used as a pretext to reject otherwise
qualified applicants;

���� c.� It may be difficult and
financially burdensome for an applicant, particularly in light of the present
housing shortage in this State, to prove that a landlord�s rejection was due to
unlawful discrimination;

���� d.� While requiring photo
identification is one way to prevent identity theft and other forms of fraud,
photo identification requirements for applicants can subject an applicant to
discrimination; and

���� e.� Therefore, the Legislature
finds and declares that it is necessary and in the public interest to protect
applicants for residential rental housing by prohibiting residential landlords,
their agents, or third-party screening vendors from requiring or requesting
photo identification, or conditioning approval of an application on the
provision of photo identification.

���� 2.� As used in P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill):

����
"
Applicant
"
or
"
prospective tenant
"
means any person that applies to rent or lease, or seeks
to rent or lease, for a term of at least one month, dwelling units, except
dwelling units in owner-occupied premises of not more than three dwelling
units, or in hotels, motels, or other guest houses serving transient or
seasonal guests.

����
"Landlord"
means any person or entity, or their agent, including but not limited to a real
estate broker, property manager, leasing agent, or other salesperson, who rents
or leases or offers to rent or lease, for a term of at least one month,
dwelling units, except dwelling units in owner-occupied premises of not more
than three dwelling units, or in hotels, motels or other guest houses serving
transient or seasonal guests.�

���� "Real
estate broker" means the same as the term is defined pursuant to section 5
of P.L.1945, c.169 (C.10:5-5).

���� "Third-party
screening vendor" means a company or vendor that engages in the business
of collecting, assembly, and evaluating residential tenant applications for the
purpose of facilitating a landlord�s approval or rejection of a prospective
tenant�s application.

���� 3.� a.� A landlord or
third-party screening vendor shall not require or request that an applicant or
prospective tenant submit or show photo identification as part of their
application for the rental unit, or condition approval of an application for a
rental unit on the submission or provision of photo identification.

���� b.� A violation
of subsection a. of this section shall constitute an unlawful practice pursuant
to P.L.1960, c.39 (C.56:8-1 et seq.), and a landlord or third-party screening
vendor who violates
P.L. , c. (C. )
(pending before the Legislature as this bill) shall be subject to all remedies
and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

���� c.� A
landlord

or third-party screening vendor
who violates
subsection a. of this section
shall also, at the discretion of
the applicant or prospective tenant, be subject to a separate cause of action
by the applicant or prospective tenant in the Superior Court, Law Division,
Special Civil Part in the county in which the rental premises are located.� The
applicant or prospective tenant may recover $1,000 for each offense by the
landlord or third-party screening vendor, in addition to reasonable attorney�s
fees or expenses.

���� 4.�
This act shall take effect on the first day of the fourth month next following
the date of enactment, and shall apply to oral or written representations made
by a landlord or third-party screening vendor to an applicant or prospective
tenant, applications offered by a landlord or third-party screening vendor to
an applicant or prospective tenant, or submitted applications by an applicant
or prospective tenant to a landlord or third-party screening vendor, commencing
on or after that date.�

STATEMENT

���� This bill prohibits a
residential landlord or third-party screening vendor, as defined in the bill,
from requiring or requesting that an applicant or prospective tenant submit or
show photo identification as part of their application for the rental unit, or
conditioning approval of a prospective tenant�s application for the rental unit
on the submission or provision of photo identification.

���� A
violation of
the bill is to:

���� (1)� constitute
an unlawful practice pursuant to the New Jersey consumer fraud act, P.L.1960,
c.39 (C.56:8-1 et seq.) (CFA);

���� (2)� subject a
landlord or third-party screening vendor to all applicable penalties prescribed
pursuant to the CFA; and

���� (3)�
subject
a landlord or third-party screening vendor to a penalty of $1,000 for each
offense by the landlord or third-party screening vendor, in a separate cause of
action brought at the discretion of the applicant or prospective tenant, in
addition to reasonable attorney�s fees or expenses.

���� The
bill is to take effect on the first day of the fourth month next following the
date of enactment, and apply to oral or written representations made by a
landlord or third-party screening vendor to an applicant or prospective tenant,
applications offered by a landlord or third-party screening vendor to an
applicant or prospective tenant, or submitted applications by an applicant or
prospective tenant to a landlord or third-party screening vendor, commencing on
or after the effective date of the bill.