Title 46, Title 46: PROPERTY

46:8-50. Notification, tenants, flood zone 1. a. Every landlord shall notify each of the landlord's tenants prior to lease signing or renewal, whether a property is located in the FEMA Special Flood Hazard Area ("100-year floodplain") or Moderate Risk Flood Hazard Area ("500-year…

46:8-51 Military, veteran housing allowance counted as income; definitions. 1. a. A landlord, or any agent thereof, shall count a military or veteran housing allowance, supported by United States Department of Veterans Affairs documentation, as income for purposes of determining …

46:8-52 Short title. 1. This act shall be known and may be cited as the "Fair Chance in Housing Act." L.2021, c.110, s.1.

46:8-53 Findings, declarations regarding housing to those with criminal records. 2. The Legislature finds and declares that: a. Recent research indicates that New Jersey suffers from a tragically high 36-month recidivism rate of over 30 percent; b. Housing instability appears to …

46:8-54 Definitions relative to housing to those with criminal records. 3. As used in this act: "Applicant" means any person considered for, who requests to be considered for, or who requests to be considered for tenancy within a rental dwelling unit. "Conditional offer" means an…

46:8-55 Application process. 4. a. (1) A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant's criminal record prior to the provision of a conditional offer, except that a housing provider may cons…

46:8-56 Housing provider's consideration of applicant's record. 5. a. A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records: (1) arrests or charges that have not resu…

46:8-57 Director preparation of model documents. 6. a. The director shall prepare: (1) a model disclosure statement as indicated in subsection b. of section 4 of this act which provides notice that a housing provider intends to review and consider a person's criminal record in de…

46:8-58 Discriminatory advertisement by house provider, prohibited. 7. a. A housing provider shall not knowingly or purposefully publish, or cause to be published, any housing advertisement that explicitly provides that the housing provider will not consider any applicant who has…

46:8-59 Immunity. 8. a. To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of this act shall be immune from liability in any civil action arising as a result of the landlord's decision to r…

46:8-6. Injuries by fire to buildings on leased premises; repair by landlord Whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the landlord shall repair the same as speedily as possible. In default of such rep…

46:8-60 Drug, alcohol test, drug abuse treatment information; requirement by housing provider, prohibited. 9. A housing provider shall not require an applicant to submit to a drug or alcohol test, or request the applicant's consent to obtain information from a drug abuse treatmen…

46:8-61 Unlawful acts by housing provider. 10. A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act. If the division determines that a housing provider has engaged in one or more unlawful actions agai…

46:8-62 Complaint data maintenance. 11. The division shall maintain data on the number of complaints filed pursuant to this act, demographic information on the complainants, the identity of the housing providers, the number of investigations conducted, and the disposition of ever…

46:8-63 Complaints, actions sought against housing provider. 12. a. An action that alleges a violation of this act shall not be initiated by any person in court. The director, or an applicant or prospective applicant who believes that a housing provider has violated a provision o…

46:8-64 Rules, regulations. 13. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the director shall adopt the rules and regulations necessary to effectuate the purposes of this act on or before the first day of the fifth month next foll…

46:8-7. Buildings on leased premises totally destroyed by fire or otherwise; lease terminated Whenever any building or buildings erected on leased premises shall be totally destroyed by fire or otherwise, without the fault of the lessee, the rent shall be paid up to the time of s…

46:8-8. Forfeiture of lease of premises used for prostitution or assignation If the lessee of any dwelling house or other premises situate in this state shall use the same for purposes of prostitution or assignation, the lease or agreement for letting the same shall thereupon bec…

46:8-9. Three months' notice to tenant to quit sufficient In all cases where a tenant is or may be entitled by law to notice to quit the leased premises, in order to determine his tenancy, three months' notice in writing to quit shall be deemed and taken to be sufficient.

46:8-9.1. Termination on death Any lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for himself, or for himself and his family, may be terminated prior to the expiration date there…

46:8-9.10 Existing lease agreements unaffected. 7. Nothing in P.L.2008, c.111 (C.46:8-9.4 et al.) shall operate to alter, limit or impair the terms of lease agreements existing at the time of the adoption of P.L.2008, c.111 (C.46:8-9.4 et al.). L.2008, c.111, s.7.

46:8-9.11 Disclosure of certain information by landlord prohibited; exceptions. 8. A landlord shall not disclose information documenting domestic violence that has been provided to the landlord by a victim of domestic violence pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6)…

46:8-9.12 Inapplicability of act to seasonal use, rental. 10. The provisions of P.L.2008, c.111 (C.46:8-9.4 et al.) shall not apply to any lease for the seasonal use or rental of real property. For purposes of this paragraph "seasonal use or rental" means use or rental for a term…

46:8-9.13 Findings, declarations. 1. The Legislature finds and declares that: a. Despite the current statutory protections available to a victim of domestic violence in New Jersey, including but not limited to the issuance of temporary or permanent restraining orders, many victim…

46:8-9.14 Lock changes, dwelling unit, domestic violence victim, landlord, temporary, permanent restraining order, notification. 2. a. A court that issues a temporary restraining order pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28) or permanent restraining order pursuant …

46:8-9.2 Termination of certain residential leases due to disability. 5. A lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for the lessee, or the lessee and the lessee's family, m…

46:8-9.3. Rules, regulations The Director of the Division of Housing in the Department of Community Affairs shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), promulgate rules and regulations necessary to effectuate the purposes of thi…

46:8-9.4 Short title. 1. Sections 1 through 8 and 10 of P.L.2008, c.111 (C.46:8-9.4 et seq.) shall be known and may be cited as the "New Jersey Safe Housing Act." L.2008, c.111, s.1.

46:8-9.5 Findings, declarations relative to termination of lease agreements by domestic violence victims. 2. The Legislature finds and declares: a. Domestic violence is a serious crime that materially affects the health and safety of numerous New Jersey tenants and there are thou…

46:8-9.6 Requirements for termination of lease. 3. The tenant may terminate any lease of a residential property that has been leased and used by the tenant solely for the purpose of providing a dwelling place for the tenant, or for the tenant's family, prior to the expiration dat…

46:8-9.7 Effective date of lease termination, conditions affecting co-tenants. 4. a. Lease terminations pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6) shall take effect on the thirtieth day following receipt by the landlord of notice complying with section 3 of P.L.2008, c…

46:8-9.8 Notice relative to public housing leases. 5. Where the leased premises are under the control of a public housing authority or redevelopment agency, the victim of domestic violence shall give notice in accordance with any relevant regulations pertaining to public housing …

46:8-9.9 Waiving of rights, remedies prohibited. 6. The parties to a lease agreement creating a tenancy in residential rental property may not agree to waive any rights or remedies arising under P.L.2008, c.111 (C.46:8-9.4 et al.). L.2008, c.111, s.6.