Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
SYNOPSIS
Restricts landlord from imposing charge on applicant or tenant for keeping pets in residential rental units.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain restrictions 3on landlord related to charges for keeping pets in rental units 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. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Landlord means any person or entity, or their agent, who rents or leases or offers to rent or lease, for a term of at least one month, dwelling units, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests. Landlord also means a third-party screening vendor used by an owner, lessor, or property manager of a residential rental dwelling unit to screen prospective tenants or facilitate a prospective tenants application for renting the dwelling unit.
Pet means any domesticated animal normally maintained in or near the dwelling unit of that animals owner.
Tenant means any person who rents or leases, for a term of at least one month, a dwelling unit, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests. Tenant shall also mean an applicant, prospective tenant, or other person who applies to rent or lease, or seeks to rent or lease, for a term of at least one month, a dwelling unit, except a dwelling unit in hotels, motels, or other guest houses serving transient or seasonal guests.
Third-party screening vendor means a company or vendor that engages in the business of collecting, assembling, and evaluating residential tenant applications for the purpose of facilitating a landlords approval or rejection of a prospective tenants application.
2. a. A landlord shall not charge a tenant any additional rent, fees, or other increases to the monthly rent or monthly fees, nonrefundable or otherwise, because a tenant keeps, or intends to keep, a pet in the dwelling unit.
b. A landlord shall not require as a condition for any lease, lease addendum, or lease application that a tenant pay any additional fees or charges, nonrefundable or otherwise, because a tenant keeps, or intends to keep, a pet in the dwelling unit.
c. A landlord shall not include within any lease, lease addendum, or lease application a provision requiring additional fees or charges, nonrefundable or otherwise, because a tenant keeps, or intends to keep, a pet in the dwelling unit.
d. A landlord shall not charge a tenant or accept a sum greater than $500 for a one-time security deposit related to the tenant keeping one or more pets in the dwelling unit, which security deposit shall be refundable and subject to P.L.1967, c.265 (C.46:8-19 et seq.). A pet security deposit shall be included as part of, and shall not be required in addition to, the security deposit as limited in sum by section 4 of P.L.1971, c.223 (C.46:8-21.2).
3. a. A tenant shall have the right to petition a court of competent jurisdiction to terminate a lease or agreement containing a provision in violation of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall be permitted to recover reasonable attorneys fees or expenses.
b. A landlord who violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall also, at the discretion of the tenant, be subject to a separate cause of action by the tenant in the Superior Court, Law Division, Special Civil Part in the county in which the dwelling unit is located. A tenant may recover $1,000 from the landlord for each offense, in addition to reasonable attorneys fees or expenses.
c. A landlord shall be subject to the penalties set forth in this section for each violation of P.L. , c. (C. ) (pending before the Legislature as this bill), which may be brought pursuant to subsection b. of this section at the tenants discretion.
d. The remedies available to a tenant pursuant to this section shall function in addition to, and shall not be construed or interpreted to interfere with, the remedies available to a tenant, licensee, executor, administrator or surviving spouse, or other person acting on behalf of a tenant, licensee, executor, administrator or surviving spouse, pursuant to section 3 of P.L.1971, c.223 (C.46:8-21.1).
4. This act shall take effect on the first day of the fourth month next following the date of enactment and shall apply to tenancies commencing on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and to oral or written representations made by a landlord, applications offered by a landlord, and submitted applications by a tenant beginning on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill prohibits a landlord from charging a tenant, including an applicant or prospective tenant, additional rent or fees because the tenant has a pet or intends to keep a pet in the residential rental dwelling unit.
The bill defines the term pet to mean a domesticated animal normally maintained in or near the dwelling unit of that animals owner. The bill defines the term tenant to mean: (1) any person who rents or leases, for a term of at least one month, a dwelling unit, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests; and (2) an applicant, prospective tenant, or other person who applies to rent or lease, or seeks to rent or lease, for a term of at least one month, dwelling units, except dwelling units in hotels, motels, or other guest houses serving transient or seasonal guests.
Specifically, the bill prohibits a landlord from:
charging a tenant, as defined in the bill, additional rent, fees, or other increases to the monthly rent, nonrefun