New Jersey Assembly Bill A2338

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Prohibits landlord from considering certain actions in tenant screening; clarifies that rent receivership action does not require rent deposit and may be based on implied warranty of habitability.

Impact

The bill's provisions also clarify how rent receivership actions can be initiated by tenants against landlords for failures related to the implied warranty of habitability. Under the bill, tenants are no longer required to make a rent deposit to initiate this action, making it easier to pursue legal recourse when landlords fail to provide habitable living conditions. This shift is noteworthy as it removes a potential barrier for tenants seeking to address serious issues in their living environment, reinforcing their rights and enhancing legal protections against irresponsible landlord behavior.

Summary

Assembly Bill A2338 seeks to strengthen protections for residential tenants in New Jersey by prohibiting landlords from considering certain landlord-tenant case histories during the tenant screening process. Specifically, the bill stipulates that landlords can only take into account housing court records if they meet specific criteria, including that the case resulted in a judgment for possession, is not under appeal, and was decided within the last three years. This aims to protect prospective tenants from being unjustly denied housing based on past legal issues that may not accurately reflect their current reliability as renters.

Contention

While supporters of A2338 argue that these measures will create a fairer housing market and provide essential protections for tenants, opponents might raise concerns about how the restrictions on tenant screening could affect landlords' ability to select reliable tenants. The ability of landlords to screen prospective tenants for any history of legal issues is a contentious topic, where proponents of the bill believe it will combat discrimination, while detractors fear it could complicate the rental process and potentially allow problematic tenants to gain housing. Overall, the bill aims to combat systemic issues in tenant discrimination and advocate for tenants' rights amidst growing housing affordability concerns.