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.
Additionally, A3362 modifies the conditions under which tenants can initiate rent receivership actions against landlords. Under the provisions of this bill, tenants may pursue such actions without needing to deposit rent with the court beforehand, allowing for a more straightforward process when claiming violations tied to the implied warranty of habitability. This warranty requires landlords to maintain properties in conditions suitable for human living and safety. Overall, the amendments aim to provide tenants a clearer avenue to seek relief and challenge unacceptable living conditions without facing financial barriers.
Assembly Bill A3362 aims to enhance protections for residential tenants in New Jersey by prohibiting landlords from considering certain past actions recorded in housing court when screening prospective tenants. Specifically, the bill elaborates that landlords can only consider previous court cases related to rental agreements if these resulted in an actual judgment for possession and if the judgment was entered within the last three years and is not under appeal. This prevents discrimination against tenants with prior legal issues that did not lead to unfavorable outcomes in their favor, thus bolstering their chances of securing housing.
Despite its supportive objectives, the bill may face opposition from some landlord groups who argue that restricting the use of prior landlord-tenant court records could lead to increased risks for landlords. These advocates suggest that unrestricted tenant screening may compromise property management and lead to safety concerns in rental units. Proponents, however, emphasize that the bill addresses long-standing issues of tenant discrimination and represents a necessary reform to enhance housing access for vulnerable individuals struggling with their rental histories.