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S4245
SENATE, No.
4245
STATE OF
NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 14, 2026
Sponsored by:
Senator� BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
���� Establishes affirmative
defense of Social Security hardship in certain eviction actions.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
establishing an affirmative defense of Social
Security hardship in eviction actions
and
supplementing Title 2A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.�������� For the
purpose of this section, �Social Security hardship� means a loss of income due
to an interruption in a person�s receipt of Social Security benefits due to the
action or inaction of the federal government.� �Social Security hardship� shall
not include the termination of Social Security benefits due to a person�s
ineligibility for such benefits.
���� b.��� A tenant of a
residential dwelling unit may assert Social Security hardship as a defense to a
notice to quit for non-payment of any rent withheld.� A tenant that asserts
Social Security hardship as a defense shall provide evidence that:
���� (1)�� Social Security benefits
typically received by the tenant�s household have been terminated, delayed, or
reduced due to the action or inaction of the federal government; and
���� (2)�� the Social Security
hardship negatively impacted the tenant�s ability to afford to pay all or a
portion of rental payments due to the landlord and thereby prevented the tenant
from paying the unpaid rent alleged in an eviction action.
���� c.���� If a tenant provides
evidence required by subsection b. of this section, then a court shall stay the
eviction action until the earlier of either of the following:
���� (1) fourteen days after the
tenant�s Social Security benefits are restored; or
���� (2) six months after the stay
is issued.
���� d.��� Within 14 days of Social
Security benefits being restored by the federal Social Security Administration,
a tenant shall either pay all past due rent to the landlord or enter into a
mutually agreed upon payment plan with a landlord.�
���� e.���� If a tenant that has
complied with the provisions of this section, a court shall dismiss the notice
to quit.� Nothing in this section shall be construed to prohibit a court from
finding that a tenant failed to pay rent prior to Social Security hardship.
����
���� 2. �� This act shall take
effect immediately.
STATEMENT
���� This bill establishes an
affirmative defense of Social Security hardship in an eviction action.
���� This bill provides that a
tenant of a residential dwelling unit may assert Social Security hardship, as
defined in the bill, in an eviction action for non-payment of any rent
withheld.� The bill provides that a tenant that asserts Social Security hardship
as a defense to non-payment of rent is required to provide evidence that Social
Security benefits typically received by the tenant�s household have been
terminated, delayed, or reduced due to the action or inaction of the federal
government and that the Social Security hardship negatively impacted the
tenant�s ability to afford to pay all or a portion of rental payments due to
the landlord and thereby prevented the tenant from paying rent.� If a tenant is
able to provide evidence of Social Security hardship, a court is to issue a
stay of the eviction action until the earlier of either 14 days after the
tenant�s Social Security benefits are restored or six months after the stay was
issued have elapsed.
���� The bill requires a tenant to
make payment of all past due rent within 14 days of Social Security benefits
being restored or enter into a mutually agreed upon payment plan with a
landlord.
���� The bill provides that if a
qualifying tenant has asserted the Social Security hardship and complied with
the bill�s provisions, then a court is to dismiss the notice to quit.� The bill
does not prohibit a court from finding that a tenant failed to pay rent prior
to Social Security hardship.