Quijano, Wimberly & Mukherji Bill to Shield Tenants from Future Housing Restrictions As A Result of Their Rental Record Now Law

(TRENTON) – For New Jersey renters who have experienced an eviction before, their rental record is marked by this action indefinitely and often impedes the process of renting again. As a result of job loss and the impact of Covid-19, many renters now find themselves facing eviction or, worse, have been evicted from their homes.

Legislation sponsored by Assembly Democrats Annette Quijano (D-Union), Benjie Wimberly (D-Bergen, Passaic), and Raj Mukherji (D-Hudson) was signed into law on Wednesday.

The new law (formerly bill A-4463) will help families in these situations from continually facing housing restrictions because of an eviction action during the current public health emergency.

“An eviction action taken against a tenant can have a major impact on rental housing options in the future,” said Assemblywoman Quijano. “Oftentimes, having an eviction action on a tenant’s rental record acts as a scarlet letter and negatively affects the quality and availability of their housing options for years to come. Given the negative financial impact of the COVID-19 Pandemic on so many New Jersey residents, this new law intends to help shield tenants from future housing restrictions based solely off of eviction actions filed against a tenant for non-payment or habitually late payment of rent during the COVID-19 Public Health Emergency.”

The new law establishes confidentiality standards for eviction actions related to failure to pay rent during the Public Health Emergency established under Executive Order 103. Under the law, courts will be required to shield qualifying actions from the public indefinitely before issuing a decision on the action. The names and addresses of all parties involved would be redacted from public court records, but demographic information could be shared for gathering statistics.

“As more and more eviction proceedings begin to move forward, there must be criteria in place to guide confidentiality and protect renters who have fallen on hard times due to the economic impact of the pandemic,” said Assemblyman Wimberly, who is chair of the Assembly Housing Committee. “Having an eviction proceeding, no matter the outcome, on record can hurt a person’s ability to rent again.”

“The last year has been unimaginable for many who suddenly found themselves behind in their financial obligations due to a loss of income,” said Assemblyman Mukherji. “This is a necessary step to help residents move past this time and ensure future housing opportunities for families.”

Additionally, the bill prohibits landlords from considering a qualifying eviction action when evaluating a prospective tenant. This bill would not restrict a landlord’s ability to evaluate eviction actions brought for reasons other than non-payment of rent or habitually late payment of rent during the public health emergency or an eviction action initiated before or after the public health emergency.