S4840

An Act concerning the listing of the names of minor children on residential lease agreements and related court documents 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. As used in this section:

"Minor child" means a non-emancipated child under the age of 18;

"Landlord" means the person or persons who own or purport to own a building, or their agents, in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease. In the case of a mobile home park, "landlord" shall mean the owner or their agent of an individual dwelling unit within the mobile home park or the owner or their agent of the mobile home park offering a site for the location of a mobile home.

b. If a minor child is listed on a residential lease, the landlord shall redact the child’s name upon court filings related to the residential lease.

c. A landlord shall not list a minor child by name in any complaint for eviction against a residential tenant.

d. No judgment for possession shall enter in any case where a party has advised the court that a minor child is listed by name on the complaint for eviction.

e. Upon motion by an individual or the parent or guardian of a minor child, or on the court’s own motion, a court shall exclude from public access the court record in which a minor child’s name appeared in an eviction action.

f. A tenant may not waive the rights established by P.L. , c. (C. ) (pending before the Legislature as this bill). Any purported waiver of rights established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), shall be void and unenforceable. A tenant who is subjected to a waiver is entitled to a declaratory judgment finding the waiver void and unenforceable and a reasonable attorney’s fees.

g. A landlord who violates the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), shall also be subject to a civil penalty of $250 for each affected child for the first offense; $500 for each affected child for the second offense; and $1,000 for each affected child for the third and any subsequent offense. All penalties assessed under this section shall be collected in a civil action 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 shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this subsection.

2. This act shall take effect immediately.

STATEMENT

This bill requires a minor child’s name to be redacted upon court filings related to a residential lease and prohibits a landlord from listing a minor child on a complaint for eviction against a residential tenant. The bill also prohibits the entry of a judgment for possession if a minor child is listed by name on the complaint.

The bill provides that any records pertaining to a minor child in an eviction action are to be excluded from public access and deemed confidential. The bill permits an individual or the parent or guardian of a minor child to ask a court to exclude from public access all past court records pertaining to an eviction by or as attained by a minor child and requires the court to exclude from public access such records upon application by the individual, the parent or guardian, or on the court’s own motion.

The bill prohibits a tenant from waiving the rights established by the bill. Any purported waiver of rights is to be deemed void and unenforceable. The bill provides that a tenant who is subjected to a waiver is entitled to a declaratory judgment finding the waiver void and unenforceable; actual damages; and a reasonable attorney’s fees.

The bill states that a landlord who violates the provisions of the bill is subject to a civil penalty of $250 for each affected child for the first offense; $500 for each affected child for the second offense; and $1,000 for each affected child for the third and any subsequent offense, to be assessed and collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each affected child shall constitute a separate violation.