A 4492 — "Immigrant Tenant Protection Act"; provides certain protections to residential tenants and codifies certain warranty of habitability protections.

A4492 1R [First Reprint] ASSEMBLY, No.

Assemblywomen Collazos-Gill, Reynolds-JacksonReynolds-Jackson, Brennan and BrennanQuijano         SYNOPSIS      “Immigrant Tenant Protection Act.”;

  CURRENT VERSION OF TEXT      As introduced.reported by the Assembly Housing Committee on June 8, 2026, with amendments.

   An Act related to the immigration status of residential tenants, supplementing chapter 42 of Title 2A of the New Jersey Statutes, and amending 1P.L.1975, c.311 and1 P.L.1970, c.210.

       1.  (New section)  This act shall be known and may be cited as the “Immigrant Tenant Protection Act.”        2. 2.    (New section)  a.  (1)  A landlord shall not threaten to disclose, or actually disclose, information relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, for the purpose of influencing the person to vacate a dwelling unit.

     (2) (2)   A landlord shall not bring an action to recover possession of a dwelling unit based solely or partially on the immigration or citizenship status of a tenant.

     (3) (3)   A landlord shall not cause a tenant or occupant to quit involuntarily, or bring an action to recover possession, because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord’s action is in compliance with a legal obligation under a federal government program that provides for rent limitations or rental assistance to a qualified tenant.

     b. b.    If a landlord violates subsection a.

     (1) (1)   actual damages, as reasonably determined by the court, for injury or loss suffered;

     (2) (2)   a civil penalty in an amount not to exceed $2,000 for each violation, payable to the tenant;

     (3) (3)   reasonable attorney’s fees and court costs;

and      (4) (4)   other equitable1[equitable]1 relief as the court may deem appropriate and just.

     c. c.     The immigration or citizenship status of a person shall not be relevant to any issue of liability or remedy in a civil action involving a tenant’s housing rights.  In proceedings or discovery undertaken in a civil action involving a tenant’s housing rights, no inquiry shall be permitted into the tenant’s immigration or citizenship status, unless:

     (1) (1)   the tenant’s claims or defenses raised place a person’s immigration or citizenship status directly in contention;

or      (2) (2)   the person seeking to make the inquiry demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law.

     d. d.    The assertion of an affirmative defense to an eviction action shall not constitute cause for discovery or other inquiry into a person’s immigration or citizenship status.

     e. e.     1Nothing in P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be construed to limit an individual’s rights or remedies under the "Law Against Discrimination," P.L.1945, c.169 (C.10-5-1 et seq.)      f.1   As used in this section, “immigration"immigration or citizenship status”status" includes a perception that a person has a particular immigration status or citizenship status, or that a person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.

     (1) (1)   the landlord’s demand for possession is based solely or partially on the citizenship or immigration status of the tenant;

or      (2) (2)   if the lease with the tenant has commenced and the tenant has taken possession, the landlord’s demand for possession is based solely or partially on the tenant’s failure to provide a social security number, information required to obtain a consumer credit report, or a form of identification deemed acceptable by the landlord.

     b.  In an unlawful1[unlawful detainer action,action] action to recover possession of a dwelling unit1, a tenant or occupant may raise, as an affirmative defense, that the landlord violated the provisions of P.L.   P.L.    , , c.    (C.        ) (pending before the Legislature as this bill).

     c.  There shall be a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section in an unlawful1[unlawful detainer action] action to recover possession of a dwelling unit1 if the landlord did the following:

     (1)  approved the tenant or occupant to take possession of a unit before filing an unlawful1[unlawful detainer action;action] action to recover possession of a dwelling unit1;

and      (2)  included in the unlawful1[unlawful detainer action] action to recover possession of a dwelling unit1 a claim based on one of the following:

or      (c)  the failure of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord.

     e.  e.  This section shall not be construed as enlarging or diminishing a landlord’s right to terminate a tenancy pursuant to State or local law.

       6. 16.   Section 1 of P.L.1970,P.L.1975, c.210c.311 (C.2A:42-10.10)(C.2A:18-61.6) is amended to read as follows:

     1. a.     NoWhere landlorda oftenant premisesvacates orthe unitspremises toafter whichbeing [thisgiven act] P.L.1970, c.210 (C.2A:42-10.10 et seq.) is applicable shall serve a notice toalleging quitthe uponowner anyseeks tenant or institute any action against a tenant to recoverpersonally possessionoccupy of premises, whether by summary dispossess proceedings, civil action for the possessionpremises ofunder land,subsection orl. otherwise:

    of a. section As2 aof reprisalP.L.1974, forc.49 (C.2A:18-61.1) and the tenant'sowner effortsthereafter arbitrarily fails to securepersonally oroccupy enforcethe anypremises rightsfor undera thetotal leaseof orat contract,least six months, or underarbitrarily fails to execute the lawscontract for sale, but instead permits personal occupancy of the Statepremises ofby Newanother Jerseytenant or itsinstead governmentalpermits subdivisions,registration orof conversion of the Unitedpremises States;by the Department of Community Affairs pursuant to "The Planned Real Estate Development Full Disclosure Act," P.L.

or1977,     c.419 b. (C.45:22A-21 Aset aseq.), reprisalsuch forowner theshall tenant'sbe goodliable faith complaint to a governmental authority of the landlord'sformer allegedtenant violationin ofa anycivil healthaction orfor safetythree law,times regulation,the codedamages orplus ordinance, or State law or regulation which has as its objective the regulationtenant's ofattorney premisesfees usedand forcosts. dwelling purposes;

or      c. b.    (1) If Asan aowner reprisalpurchases for the tenant'spremises beingpursuant anto organizera of,contract arequiring memberthe of,tenant orto involvedvacate in anyaccordance activitieswith of,subsection anyl. lawful organization;

orof     section (2) 2 Asof aP.L.1974, reprisalc.49 (C.2A:18-61.1) and thereafter arbitrarily fails to personally occupy the premises for a total of at least six months, but instead permits personal occupancy of the premises by another tenant or oninstead permits registration of conversion of the basispremises by the Department of Community Affairs pursuant to P.L.1977, c.419 (C.45:22A-21 et seq.), such owner-purchaser shall be liable to the tenant’sformer immigrationtenant orin citizenshipa status;civil action for three times the damages plus the tenant's attorney fees and costs.

or      d. c.     OnIf accounta oftenant thevacates tenant'sa failuredwelling orunit refusalafter tonotice complyhas withbeen thegiven termsalleging ofthat the tenancyowner asseeks alteredto bypermanently theboard landlord,up ifor demolish the landlordpremises shallor haveto alteredretire substantiallypermanently the termspremises offrom theresidential tenancyuse aspursuant ato reprisal for any actions of the tenant set forth in subsection a,g.(1) b,or andh. c of this section [1 of this act].

Substantialof alterationsection shall2 includeof P.L.1974, c.49 (C.2A:18-61.1) and instead, within five years following the refusaldate toon renewwhich athe leasedwelling unit or tothe continuepremises abecome tenancyvacant, an owner permits residential use of the vacated premises, the owner shall be liable to the former tenant withoutin cause.a civil action for three times the damages plus the tenant's attorney fees and costs of suit.

     UnderAn subsectionowner b of thisany sectionpremises thewhere tenantnotice shallhas originallybeen bringgiven hispursuant good faith complaint to thesubsection attentiong.(1) of the landlord or hish. agent and give the landlord a reasonable time to correct the violation before complaining to a governmental authority.

of section 2 of P.L.1974, c.49 (C.2A:18-61.1), who subsequently seeks to sell, lease or convey the property to another, shall, before executing any lease, deed or contract for such conveyance, advise in writing the prospective owner that such notice was given and that the owners of the property are subject to the liabilities provided in this subsection and sections 3 and 4 of [this 1986 amendatory and supplementary act] P.L.1986, c.138 (C.2A:18-61.1c and C.2A:18-61.1d).  Whoever fails to so advise a prospective owner prior to the execution of the contract of sale, lease or conveyance is liable to a civil penalty of not less than $2,500.00 or more than $10,000.00 for each offense, and shall also be liable in treble damages, plus attorney fees and costs of suit, for any loss or expenses incurred by a new owner of the property as a result of that failure.

The civil penalty prescribed in this subsection shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).  The Superior Court, Law Division, Special Civil Part, in the county in which the rental premises are located shall have jurisdiction over such proceedings.  Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Commissioner of the Department of Community Affairs, the Attorney General, or any other person.

     d.    If a tenant vacates a dwelling unit after receiving from an owner an eviction notice (1) purporting to compel by law the tenant to vacate the premises for cause or purporting that if the tenant does not vacate the premises, the tenant shall be compelled by law to vacate the premises for cause;

and (2) using a cause that is clearly not provided by law or using a cause that is based upon a lease clause which is contrary to law pursuant to section 6 of P.L.1975, c.310 (C.46:8-48);

and (3) misrepresenting that, under the facts alleged, the tenant would be subject to eviction, the owner shall be liable to the former tenant in a civil action for three times the damages plus the tenant's attorney fees and costs.  An owner shall not be liable under this subsection for alleging any cause for eviction which, if proven, would subject the tenant to eviction pursuant to N.J.S.2A:18-53 et seq.

or P.L.1974, c.49 (C.2A:18-61.1 et seq.).