New Jersey S 3095: Concerns assessment of buildings or structures on real property located in certain counties following material depreciation thereof.

Bill Text

S3095 

SENATE, No. 3095 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Senator ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Prohibits residential landlord from imposing certain 
surcharges for rent payments.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning residential rent payment surcharges, 
supplementing and amending P.L.1975, c.310, amending P.L.2019, c.300, and 
supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� (New section)� The Legislature 
finds and declares that:

���� a.���� New Jersey tenants face growing financial burdens due to rising rents, 
stagnant wages, and persistent inflation affecting essential goods and services, financial burdens which are exacerbated by 
New Jersey's prohibitively expensive housing market;

���� b.��� According to the National Low-Income Housing 
Coalition, a New Jersey renter must earn over $33 per hour to afford a modest two-bedroom apartment at market rent 
without being cost-burdened;

���� c.���� Over 
45 percent of renters in the State are rent-burdened, paying more than 30 percent of their income for housing costs;

���� d.��� As 
more landlords transition to digital and online platforms to collect rent, 
tenants are often charged additional "convenience" fees, commonly 
ranging from three dollars to $100 per 
transaction, for the use of credit 
cards, debit cards, or electronic transfers to pay rent; 

���� e.���� These surcharges, although individually small, can amount to 
hundreds of dollars annually per household;

���� f.���� For 
tenants on fixed incomes, especially senior citizens, disabled individuals, and 
lower wage earners, these charges represent an unfair and unnecessary financial 
strain;

���� g.��� Despite 
requirements imposed pursuant to section 2 of P.L.2019, c.300 (C.46:8-49.1), 
which prohibit a landlord from requiring a tenant or prospective tenant to pay 
rent by means of an electronic funds transfer, in many cases, landlords do not 
provide tenants with a no-cost, alternative payment method such as in-person, 
check, or money order payment, effectively forcing tenants to incur fees simply 
to meet their housing obligations;

���� h.��� It 
is in the public interest to ensure that tenants in this State are not subject 
to exploitative or unavoidable charges in connection with their rent payments, 
particularly in the context of the ongoing housing affordability crisis;

���� i.���� If 
tenants are subjected to such exploitative or unavoidable charges in connection 
with their rent payments, it is imperative to provide tenants with a private 
cause of action and, given the frequent disparity in financial resources 
between a landlord and tenant, provide an appropriate financial incentive to 
challenge a landlord�s unlawful conduct, incentivize private attorneys to 
represent residential tenants, and hold bad actors accountable to ensure that 
legal protections in place for residential tenants are actually enforced; and 

���� j.���� Therefore, 
it is necessary and proper to place reasonable limits on rent payment 
surcharges, require landlords to assume the costs of such fees if tenants are 
not given a free alternative method of payment, and ensure penalties for 
noncompliance reflect the increase in the cost of renting residential 
rental units in New Jersey since the enactment of P.L.1975, c.310 (C.46:8-43 et 
seq.).

���� 2.��� Section 2 of P.L.2019, 
c.300 (C.46:8-49.1) is amended to read as follows:

���� 2.��� a.� As used in this 
section:

���� "Landlord" means 
any person, or a firm, corporation, or other business entity, including a 
property manager or other agent of a person, or a firm, corporation, or other 
business entity, that leases, rents, or offers to lease or rent, residential 
units to a tenant. 

���� "Online rent payment 
surcharge" means any fee or charge imposed in connection with the use of 
an online platform or electronic payment method to pay rent, including but not 
limited to, a credit card, debit card, automated clearinghouse (ACH), convenience 
fees, or electronic funds transfer fees.

���� b.��� No landlord shall 
require a tenant or prospective tenant to remit any amount due to the landlord 
pursuant to a residential lease, renewal, or extension agreement by means of 
electronic funds transfer, including but not limited to an electronic funds 
transfer system that automatically transfers funds on a regular, periodic, and 
recurring basis.� 

���� c.� (1)� A landlord shall 
not impose, pass through, or accept, whether directly, indirectly, or 
implicitly require through a third-party online rent payment method, a 
surcharge or other similar cost that exceeds five dollars per monthly rental 
payment for an onl