New Jersey Senate Bill S279

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Establishes confidentiality of landlord-tenant court records; addresses adverse actions on rental applications.

Impact

The bill has significant implications for tenants in New Jersey, particularly concerning their privacy and rights to fair housing. By ensuring that records remain confidential unless there is a judgment for possession, S279 helps to mitigate the risk of 'blacklisting' prospective tenants based solely on unproven allegations. It acknowledges the disproportionate impact that public availability of these records can have on vulnerable populations, particularly those seeking affordable housing. It also seeks to expunge outdated eviction records after three years, which could further enhance housing security for individuals with a history of eviction actions.

Summary

Senate Bill S279 seeks to address the confidentiality of landlord-tenant court records in New Jersey. The bill stipulates that any court record pertaining to a landlord-tenant action will remain confidential for the first 60 days following the action. If the action results in an unconditional judgment for possession, it will only become public after a specified period. This aims to protect tenants' privacy and hinder the practice of using court records as a basis for denying rental applications. The bill echoes existing concerns regarding the discrimination tenants face from landlords based on past legal proceedings, particularly those that do not lead to eviction.

Contention

Despite its positive intentions, S279 also raises concerns among landlords and property owners regarding the potential difficulty in evaluating prospective tenants. Some stakeholders argue that the bill might make it challenging to verify a tenant's history concerning rental obligations. Furthermore, while the bill aims to prevent discrimination based on past legal actions, critics could argue that without access to complete records, landlords may have to rely on factors such as credit history and income, which might not accurately reflect a tenant's current ability to fulfill rental agreements.