New Jersey Senate Bill S1666

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

Codifies and enhances use of breach of implied warranty of habitability as defense to certain eviction actions.

Impact

The legislation expands tenant protections by enabling them to utilize the breach of implied warranty of habitability not only as a potential defense against eviction but also as a means to reduce their rental obligation based on the property's condition. If tenants successfully prove such a breach, they may receive a rental reduction that reflects the property's defective state and are authorized to withhold rent until repairs are made. This can significantly alter the dynamic between landlords and tenants, as it places a greater responsibility on landlords to maintain their properties in livable conditions.

Summary

Senate Bill S1666 aims to codify and enhance the doctrine of breach of implied warranty of habitability as a legal defense in certain eviction actions. Specifically, the bill permits tenants to assert this warranty in response to eviction proceedings, especially for non-payment of rent due to substandard living conditions that occurred within the year prior to the eviction notice. The bill seeks to ensure that all residential leases maintain a minimum standard of habitability, thereby protecting tenants from being evicted from unsafe or unhealthy living conditions.

Contention

One point of contention surrounding Bill S1666 is the balance of power between landlords and tenants. Proponents of the bill, like Senator Richard J. Codey, argue that it is necessary to assist unsophisticated tenants who may be vulnerable to eviction despite residing in substandard housing. They contend that it protects basic human rights to safe living environments. Conversely, some landlords may oppose the bill, fearing it could lead to increased litigation regarding eviction processes and may unfairly penalize those who manage legitimate rental properties competently. The bill's stipulation that any waiver of rights against the implied warranty of habitability is void as contrary to public policy is also a topic of debate.