TRENTON, N.J. — Proposed legislation in New Jersey aims to stop landlords from using a tenant’s immigration or citizenship status as a weapon to pressure or evict them for asserting their housing rights.
The bill would prohibit landlords from threatening to report, or actually disclosing, the immigration status of a tenant, occupant, or anyone associated with them in an attempt to force the tenant to vacate a rental unit. It would also bar landlords from initiating eviction proceedings based solely or partially on a person’s real or perceived immigration or citizenship status.
Tenants would be empowered to bring civil lawsuits seeking damages, penalties, court costs, and attorney’s fees against landlords who violate the law. The bill states that immigration or citizenship status cannot be used to determine liability or remedy in civil housing cases unless a tenant places it directly in contention or unless federal law clearly requires disclosure.
The legislation would further create legal protections for tenants who are targeted after the lease has begun. An affirmative defense would be available to tenants in eviction or unlawful detainer actions if the landlord approved them for move-in and then attempted eviction based on the absence of a Social Security number, acceptable ID, or credit information.
A rebuttable presumption would apply in these cases if a landlord previously accepted the tenant but later based the eviction on documentation-related grounds.
The bill includes exceptions allowing landlords to:
- Comply with court orders, legal obligations, or rent assistance program rules
- Verify a tenant’s financial qualifications or identity
- Notify a tenant of conduct violating the lease
The bill would not change a landlord’s overall authority to terminate a tenancy or affect a municipality’s right to regulate tenant harassment.