"Immigrant Tenant Protection Act"; provides certain protections to residential tenants and codifies certain warranty of habitability protections.
What changed between versions
The bill now amends P.L.1975, c.311 (C.2A:18-61.6) in addition to P.L.1970, c.210, expanding its reach into the Anti-Eviction Act framework.
References to 'unlawful detainer action' in Section 3 were replaced with 'action to recover possession of a dwelling unit,' broadening the types of legal proceedings covered by the affirmative defense and rebuttable presumption provisions.
A new section creates treble damages plus attorney fees liability for owners who give a false owner-occupancy notice and then fail to personally occupy the premises for at least six months, or who permit another tenant to occupy instead.
A new provision creates treble damages liability if an owner gives notice of permanent board-up or demolition but permits residential use of the vacated premises within five years.
A new provision requires owners to advise prospective buyers in writing about prior eviction notices and associated liabilities; failure to do so carries a civil penalty of $2,500 to $10,000 per offense plus treble damages for losses incurred by the new owner.
A new provision creates treble damages liability for owners who give eviction notices using causes clearly not provided by law or based on lease clauses contrary to law, and misrepresent that the tenant would be subject to eviction.
A new provision specifically addresses immigration status: if a tenant vacates after an owner threatens to disclose or actually discloses immigration or citizenship status information (unless in compliance with a federal rent limitation or rental assistance program), the owner is liable for treble damages plus attorney fees and costs.
In Section 2(b)(4), the remedy 'other equitable relief as the court may deem appropriate and just' was changed to 'other relief as the court may deem appropriate and just,' removing the word 'equitable' and potentially broadening the types of relief available.
A new exemption shields owners from liability if they acquired the property through a foreclosure sale, execution sale, or bankruptcy sale, the former tenant vacated after receiving an eviction notice under specific subsections, the former owner retains no financial interest (including officers, board members, or holders of more than 5% equity), and the former tenant is provided proper notice and rights.
