Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
“Tenant Anti-Retaliation & Anti-Harassment Act”; establishes rebuttable presumption for complaints by tenant of illegal activity by landlord.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning tenant complaints and supplementing P.L.1970, c.210 (C.2A:42-10.10 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the “Tenant Anti-Retaliation & Anti-Harassment Act.”
2. If a landlord issues a notice to quit or makes any substantial alteration of the terms of a tenancy against the tenant’s interests in violation of section 3 of P.L.1970, c.210 (C.2A:42-10.12), including but not limited to, the use of illegal lockouts, utility shut offs, threats or harassment, within six months of an action by a tenant pursuant to any of subsections a. through d. of section 3 of P.L.1970, c.210 (C.2A:42-10.12), then in addition to any other applicable penalties, a landlord found to have engaged in retaliatory actions against a tenant shall be liable to a civil penalty of $5,000 for each violation, and reasonable attorney’s fee and expenses, recoverable by a summary proceeding under the “Penalty Enforcement Law of 1999” P.L.1999, c.274 (C.2A:58-10 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.
3. This act shall take effect immediately.
STATEMENT
This bill establishes a rebuttable presumption of retaliation by a landlord if certain actions adverse to a tenant’s interests are taken within six months of certain complaints by a tenant.
Under the bill, if a landlord issues a notice to quit or makes any substantial alteration of the terms of a tenancy against the tenant’s interests in violation of P.L.1970, c.210 (C.2A:42-10.10 et seq.), including but not limited to, the use of illegal lockouts, utility shut offs, threats or harassment, within six months of certain complaints or actions by a tenant, then in addition to any other applicable penalties, a landlord may be liable to a civil penalty of $5,000 for each violation, and reasonable attorney’s fee and expenses.