New jersey moves forward on subsidized apartment renter bill of rights

A sweeping New Jersey housing bill would increase inspections, penalties, and landlord disclosure rules for subsidized rental properties.

Trenton, NJ – A newly introduced bill in the New Jersey Assembly would create a “Safe Sanitary Subsidized Rental Housing Bill of Rights,” targeting landlords who receive public rental subsidies with stricter inspections, expanded registration rules, and new penalties tied to unsafe living conditions. The measure, Assembly Bill 4707, was introduced Monday as lawmakers seek to increase oversight of subsidized housing units that fail to meet basic standards of safety and sanitation.

Key Points

The bill would create new inspection, reinspection, and scoring rules for subsidized multiple dwellings
Landlords receiving rental subsidies would face added registration requirements and higher penalties
The measure would allow rental subsidies to be withheld when serious housing violations remain uncorrected

The legislation, sponsored by Assemblywoman Shanique Speight and co-sponsored by Assemblyman Ralph Caputo Venezia, would apply to landlords receiving federal project-based or tenant-based Section 8 assistance or State rental assistance grants. It would also require the Department of Community Affairs to develop a program focused on identifying and responding to significant violations in subsidized housing, including lack of heat, running water, sewage disposal, vermin infestation, structural deficiencies, and other threats to tenant health or safety.

If enacted, the bill would require courts to notify the Department of Community Affairs within two business days when a tenant in subsidized housing raises a warranty of habitability claim. The Bureau of Housing Inspection would then be required to inspect the property within 10 days, and the court could delay a hearing until the inspection is completed.

New inspection system targets repeat offenders

The bill would establish a separate inspection and reinspection program for multiple dwellings with subsidized units. Those buildings would be inspected at least once every five years, within 10 days of a tenant complaint alleging serious violations, and within 10 days of a change in occupancy in municipalities that do not already require that type of inspection.

Buildings with life-threatening conditions would face reinspection within 24 hours. Other significant violations would require reinspection within 30 days, followed by additional follow-up inspections. The commissioner would also rank buildings annually, identifying the highest performing and lowest performing 20 percent statewide.

Properties in the lowest performing 20 percent would be inspected at least every six months. Properties in the highest performing 20 percent, if free of significant violations for two prior inspection cycles, could move to an eight-year inspection schedule, though random spot checks and complaint-based inspections would still be allowed.

Landlords would face new disclosure and funding consequences

The bill would require landlords receiving rental subsidies to provide more detailed registration information, including residential addresses, phone numbers, and email addresses for corporate officers, members, directors, and agents. Those landlords would also have to certify each year by Nov. 1 that their registration information is current.

Failure to comply with amended registration rules could carry penalties of $100 to $2,500, compared with the broader $500 cap under existing law. A landlord receiving subsidies also could not obtain a judgment of possession unless registered for at least 90 days, and could be blocked from receiving State rehabilitation funding, tax abatements, or exemptions without that registration period.

If serious violations remain uncorrected, the State or a housing authority would have discretion to withhold rental subsidy payments until reinspections show the conditions have been fixed. The bill would also allow withheld subsidy money to be used to correct significant violations on the property.

Public posting and tenant access provisions included

Under the proposal, landlords of multiple dwellings with subsidized units would be required to post information in common areas and include printed lease notices explaining how tenants can file complaints with the Bureau of Housing Inspection and how to use the 2-1-1 system for housing and social service referrals.

The measure would also direct the Commissioner of Community Affairs to create a program to help municipalities make inspection records and landlord information available online. In addition, owners seeking public development funding would have to disclose if they currently own or previously owned a building ranked among the lowest performing 20 percent statewide.

Assembly Bill 4707 would take effect on the first day of the seventh month following enactment, though the Department of Community Affairs could begin preparatory steps earlier.

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