SENATE COMMITTEE SUBSTITUTE FOR SENATE, Nos. 3659 and 3276 STATE OF NEW JERSEY 221st LEGISLATURE ADOPTED SEPTEMBER 30, 2024
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, Nos. 3659 and 3276
STATE OF NEW JERSEY
221st LEGISLATURE
ADOPTED SEPTEMBER 30, 2024
Sponsored by: Senator BRIAN P. STACK District 33 (Hudson) Senator RAJ MUKHERJI District 32 (Hudson) Co-Sponsored by: Senator McKnight SYNOPSIS Limits amount of residential rental property application fee; establishes penalty. CURRENT VERSION OF TEXT Substitute as adopted by the Senate Community and Urban Affairs Committee.
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator RAJ MUKHERJI
District 32 (Hudson)
Co-Sponsored by:
Senator McKnight
SYNOPSIS
Limits amount of residential rental property application fee; establishes penalty.
CURRENT VERSION OF TEXT
Substitute as adopted by the Senate Community and Urban Affairs Committee.
An Act limiting the amount of residential rental property application fees 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. a. A landlord, or agent thereof, shall not require an application or other similar fee to apply to lease or sublease a residential rental property for dwelling purposes, which exceeds $50. b. A landlord, or agent thereof, who violates subsection a. of this section shall be liable for a penalty of $1,500 for each offense, 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 Director of the Division of Consumer Affairs in the Department of Law and Public Safety or the Attorney General. Following the proceedings, $250 from the collected penalty shall be remitted to the applicant or prospective tenant. c. The requirements of subsection a. of this section shall not apply to a dwelling unit located in a one-family or two-family dwelling that is offered for rent. 2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill), including rules setting forth a mechanism for applicants or prospective tenants to report violations of P.L. , c. (C. ) (pending before the Legislature as this bill), which the director shall make available on the Internet website of the Division of Consumer Affairs. 3. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall be permitted to take anticipatory action necessary to effectuate the provisions of this act.
An Act limiting the amount of residential rental property application fees 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. a. A landlord, or agent thereof, shall not require an application or other similar fee to apply to lease or sublease a residential rental property for dwelling purposes, which exceeds $50.
b. A landlord, or agent thereof, who violates subsection a. of this section shall be liable for a penalty of $1,500 for each offense, 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 Director of the Division of Consumer Affairs in the Department of Law and Public Safety or the Attorney General. Following the proceedings, $250 from the collected penalty shall be remitted to the applicant or prospective tenant.
c. The requirements of subsection a. of this section shall not apply to a dwelling unit located in a one-family or two-family dwelling that is offered for rent.
2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill), including rules setting forth a mechanism for applicants or prospective tenants to report violations of P.L. , c. (C. ) (pending before the Legislature as this bill), which the director shall make available on the Internet website of the Division of Consumer Affairs.
3. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall be permitted to take anticipatory action necessary to effectuate the provisions of this act.