NJ lawmakers advance bill to protect renters who are victims of domestic violence

The proposal would bar landlords from discriminating against victims and allow some tenants to end their leases early.

A bill that would strengthen rental protections for victims of domestic violence, sexual assault and stalking in New Jersey advanced Thursday in the Assembly Community Development and Women’s Affairs Committee.

The bill, A4218, would prohibit landlords from refusing to rent to someone, terminating a tenancy or declining to renew a lease because the applicant, tenant or a household member is a victim of domestic violence, sexual assault or stalking.

It also would bar landlords from discriminating against tenants or applicants who previously ended a lease under the New Jersey Safe Housing Act, which allows victims to leave their homes early when they face an imminent threat of serious physical harm.

Under A4218, tenants could end their leases before they expire if they or their children face an imminent threat of serious physical harm from another named person if they remain in the home. They would have to provide written notice to their landlords and submit supporting documentation.

The documentation could include a permanent restraining order; law enforcement or medical records; or certification from a certified domestic violence specialist, a designated domestic violence agency director or a licensed social worker.

“When someone is leaving a dangerous home situation or trying to evade a stalker, they shouldn’t have to worry about the stability of their housing,” Assemblywoman Carol Murphy, one of the bill’s sponsors, said in a statement. “This legislation would allow victims of domestic violence, sexual assault or stalking to find a sense of consistency in their lives, even as other things remain outside their control.”

The bill would not prevent landlords from making adverse housing decisions based on other lawful factors. Landlords could still evict tenants for reasons unrelated to their status as victims, including failure to pay rent or other violations of a lease.

Nicholas Kikis, vice president for legislative and regulatory affairs at the New Jersey Apartment Association, asked lawmakers to amend the bill to make that point more explicit.

He said people who exercise their rights under the New Jersey Safe Housing Act or the federal Violence Against Women Act should not face reprisal or other consequences. But he said the bill should more clearly state that landlords retain the right to make decisions based on lawful factors unrelated to a tenant’s status as a victim.

The association also wants the bill to create an affirmative defense for landlords if a decision not to rent to someone or to evict a tenant was based on another lawful reason.

“We want to ensure that the bill does not constrain other lawful conduct of a property owner,” Kikis said. “As it creates some new causes of action, new civil liability, that there’s an affirmative defense if the decision was based on other lawful factors unrelated to the tenant’s status as being a victim of domestic violence.”

The bill also would amend New Jersey’s residential eviction statutes to make clear that those statutes do not authorize landlords to remove tenants, household members, subtenants, assignees or legal representatives because of their status as victims. Tenants could raise a violation of that provision as a defense in an eviction case.

Landlords who refuse to rent to someone in violation of the bill could face a civil lawsuit for damages. A prevailing party also could recover court costs and reasonable attorney’s fees.

Assemblyman Joe Danielson asked whether the bill had undergone a constitutional review.

“If you have a standing contract between two parties, I don’t know whether we can legislate changes to that contract or interfere with it,” Danielson said. “I’m wondering whether this bill has undergone a constitutional review.”

The committee did not have an immediate answer. A committee member said the question would be referred to the bill’s sponsor for follow-up.

The committee advanced the bill with five votes in favor. Assemblywoman Dawn Fantasia abstained.

Fantasia said she supported the legislation’s purpose but wanted an answer about whether it could conflict with existing law before voting for it in the full Assembly.

“I would be comfortable supporting it in the full Assembly once we have the answer about if there’s any conflict whatsoever legally,” she said.

Murphy and Assemblywoman Michele Matsikoudis are the bill’s sponsors. Assemblymembers Annette Quijano, Christian Webber, Robert Rodriguez and Rosa Ramirez are co-sponsors.