SENATE, No. 3276 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MAY 16, 2024
SENATE, No. 3276
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MAY 16, 2024
Sponsored by: Senator RAJ MUKHERJI District 32 (Hudson) SYNOPSIS Limits amount of residential rental property application fee. CURRENT VERSION OF TEXT As introduced.
Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
Limits amount of residential rental property application fee.
CURRENT VERSION OF TEXT
As introduced.
An Act limiting the amount of an application fee for a residential rental property and supplementing chapter 8 of Title 46 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. An owner or lessor of a residential rental property, or agent thereof, shall not require more than a sum equal to five percent of one month's rent according to the terms of contract, lease, or agreement as an application fee to lease or sublease the residential property for dwelling purposes, unless the sum exceeds $75. If five percent of one month's rent exceeds $75, however, then an owner or lessor shall not require more than $75 as an application fee. 2. A landlord who violates section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall: (1) be liable for a penalty of $1,500, plus costs and attorney's fees, which shall be collected and enforced by summary proceedings pursuant to 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 in the county in which the residential rental property is located shall have jurisdiction over the proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Commissioner of Community Affairs or the Attorney General; and (2) also, at the discretion of the applicant for the residential rental property, be subject to a separate cause of action by the applicant in the Superior Court, Law Division, Special Civil Part in the county in which the rental premises are located. The applicant may recover $250 for an offense by the landlord, in addition to reasonable attorney's fees or expenses. 3. This act shall take effect on the first day of the fourth month next following enactment. STATEMENT This bill would establish a limit on an application fee a residential landlord may require. The bill imposes a limit equal to the lower of five percent of the monthly rent or $75. The bill also establishes a penalties for a landlord's violation of the bill of $1,500, plus costs and attorney's fees, enforceable in an action brought by the Commissioner of Community Affairs or Attorney General and in a separate cause of action brought by and at the discretion of the applicant for the landlord's residential property, who may recover, in addition to the $250 penalty, reasonable attorney's fees or expenses. This bill would take effect on the first day of the fourth month next following enactment.
An Act limiting the amount of an application fee for a residential rental property and supplementing chapter 8 of Title 46 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. An owner or lessor of a residential rental property, or agent thereof, shall not require more than a sum equal to five percent of one month's rent according to the terms of contract, lease, or agreement as an application fee to lease or sublease the residential property for dwelling purposes, unless the sum exceeds $75. If five percent of one month's rent exceeds $75, however, then an owner or lessor shall not require more than $75 as an application fee.
2. A landlord who violates section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall:
(1) be liable for a penalty of $1,500, plus costs and attorney's fees, which shall be collected and enforced by summary proceedings pursuant to 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 in the county in which the residential rental property is located shall have jurisdiction over the proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Commissioner of Community Affairs or the Attorney General; and
(2) also, at the discretion of the applicant for the residential rental property, be subject to a separate cause of action by the applicant in the Superior Court, Law Division, Special Civil Part in the county in which the rental premises are located. The applicant may recover $250 for an offense by the landlord, in addition to reasonable attorney's fees or expenses.
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill would establish a limit on an application fee a residential landlord may require. The bill imposes a limit equal to the lower of five percent of the monthly rent or $75.
The bill also establishes a penalties for a landlord's violation of the bill of $1,500, plus costs and attorney's fees, enforceable in an action brought by the Commissioner of Community Affairs or Attorney General and in a separate cause of action brought by and at the discretion of the applicant for the landlord's residential property, who may recover, in addition to the $250 penalty, reasonable attorney's fees or expenses.
This bill would take effect on the first day of the fourth month next following enactment.