A4726

An Act prohibiting certain fees for keeping an emotional support animal in a residential rental property and supplementing chapter 8 of Title 46 of the Revised Statutes.

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

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

"Emotional support animal" means an animal that a health service provider has determined provides the emotional support, well-being, comfort, or companionship necessary to alleviate the symptoms of a mental, emotional, psychological, or psychiatric condition or illness. An emotional support animal shall not be subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) if it poses a risk to the health or safety of other people or a risk of substantial damage to the property.

"Landlord" means any person or entity, or their agent, who rents or leases or offers to rent or lease, for a term of at least one month, dwelling units, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests. "Landlord" also means a third-party screening vendor used by an owner, lessor, or property manager of a residential rental dwelling unit to screen prospective tenants or facilitate a prospective tenant’s application for renting the dwelling unit.

"Substantial damage" means damage that affects the structural integrity, safety, sanitation, or habitability of the dwelling unit or residential building or requires repair or replacement beyond that required due to ordinary wear and tear.

"Tenant" means any person who rents or leases, for a term of at least one month, a dwelling unit, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests. "Tenant" shall also mean an applicant, prospective tenant, or other person who applies to rent or lease, or seeks to rent or lease, for a term of at least one month, a dwelling unit, except a dwelling unit in hotels, motels, or other guest houses serving transient or seasonal guests.

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

2. a. A landlord shall not charge a tenant any additional rent, fees, or other increases to the monthly rent or monthly fees, nonrefundable or otherwise, because a tenant keeps, or intends to keep, an emotional support animal in the dwelling unit.

b. A landlord shall not require as a condition for any lease, lease addendum, or lease application that a tenant pay any additional security deposit, fees, or charges, nonrefundable or otherwise, because a tenant keeps, or intends to keep, an emotional support animal in the dwelling unit.

c. A landlord shall not include within any lease, lease addendum, or lease application a provision requiring additional fees or charges, nonrefundable or otherwise, because a tenant keeps, or intends to keep, an emotional support animal in the dwelling unit.

d. At time of lease signing, or promptly following the tenant's receipt of health documentation and prior to the tenant's acquisition of an emotional support animal, whichever is earlier, a tenant shall provide to the landlord documentation from a health service provider indicating that the tenant is being prescribed the assistance of an emotional support animal. A landlord shall not require documentation in a specific form and shall not require that documentation from a health service provider be notarized.

e. This section shall not apply to a landlord or tenant of an owner-occupied building containing four or fewer units.

3. a. A tenant shall have the right to petition a court of competent jurisdiction to terminate a lease or agreement containing a provision in violation of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall be permitted to recover reasonable attorney’s fees or expenses.

b. A landlord who violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall also, at the discretion of the tenant, be subject to a separate cause of action by the tenant in the Superior Court, Law Division, Special Civil Part in the county in which the dwelling unit is located. A tenant may recover $1,000 from the landlord for each offense, in addition to reasonable attorney’s fees or expenses.

c. A landlord shall be subject to the penalties set forth in this section for each violation of P.L. , c. (C. ) (pending before the Legislature as this bill), which may be brought pursuant to subsection b. of this section at the tenant’s discretion.

d. The remedies available to a tenant pursuant to this section shall function in addition to, and shall not be construed or interpreted to interfere with, the remedies available to a tenant, licensee, executor, administrator or surviving spouse, or other person acting on behalf of a tenant, licensee, executor, administrator or surviving spouse, pursuant to section 3 of P.L.1971, c.223 (C.46:8-21.1).

4. This act shall take effect on the first day of the fourth month next following the date of enactment and shall apply to tenancies commencing on or after the effective date of the act, and to oral or written representations made by a landlord, applications offered by a landlord, and submitted applications by a tenant beginning on or after the effective date of this act.

STATEMENT

This bill prohibits a landlord from charging a tenant, including an applicant or prospective tenant, additional rent or fees because the tenant has an emotional support animal, as defined in the bill, or intends to keep an emotional support animal in the residential rental dwelling unit. A tenant would be required to provide the landlord with documentation from a health service provider indicating that the tenant is prescribed the assistance of an emotional support animal at the time of lease signing or promptly following a tenant’s receipt of applicable medical documentation, whichever is earlier. The bill would not apply to a landlord or tenant in an owner-occupied building containing four or fewer units or to an animal that poses a risk to the health or safety of other people or a risk of substantial damage to the property, as defined in the bill.

The bill defines the term "tenant" to mean: (1) any person who rents or leases, for a term of at least one month, a dwelling unit, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests; and (2) an applicant, prospective tenant, or other person who 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 hotels, motels, or other guest houses serving transient or seasonal guests.

Specifically, the bill prohibits a landlord from:

(1) charging a tenant, as defined in the bill, additional rent, fees, or other increases to the monthly rent, nonrefundable or otherwise, because the tenant keeps, or intends to keep, an emotional support animal in the dwelling unit;

(2) requiring as a condition for a lease, lease addendum, or lease application that a tenant pay any additional fees, security deposits, or charges, nonrefundable or otherwise, because the tenant keeps, or intends to keep, an emotional support animal in the dwelling unit; and

(3) including within any lease, lease addendum, or lease application a provision requiring additional fees or charges, nonrefundable or otherwise, because the tenant keeps, or intends to keep, an emotional support animal in the dwelling unit.

A violation of the bill would:

(1) permit a tenant to petition the court to terminate a lease or agreement in violation of the bill, and to recover reasonable attorney’s fees or expenses; and

(2) subject a landlord to a private cause of action, brought at the discretion of the tenant, who would be permitted to recover $1,000 from the landlord for each offense, in addition to reasonable attorney’s fees or expenses.

The remedies provided to a tenant are to function in addition to, and are not to interfere with, existing remedies available pursuant to section 3 of P.L.1971, c.223 (C.46:8-21.1 et seq.).

The bill is to take effect on the first day of the fourth month following enactment, and apply to tenancies commencing on or after the effective date of the bill, and to oral or written representations made by a landlord, applications offered by a landlord, and submitted applications by a tenant beginning on or after the effective date of the bill.