N.J. Admin. Code § 13:5-1.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:5-1.13 - Immunity from civil liability

(a) To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of the Act or this chapter shall be immune from liability in any civil action arising as a result of the landlord's decision to rent to individuals with a criminal record or who were otherwise convicted of a criminal offense, or as a result of a landlord's decision to not engage in a criminal background screening.

(b) Nothing at (a) above shall be construed to affect, in any way, the immunity from liability conferred by law upon a landlord who rents an apartment to a person with a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault in violation of N.J.S.A. 2C:14-2, causing or permitting a child to engage in a prohibited sexual act, or in the simulation of such an act in violation of paragraph (3) of subsection b. of N.J.S.A. 2C:24-4, or any crime that resulted in lifetime registration in a State sex offender registry.

(c) Nothing in this section shall be construed to grant immunity to a housing provider for failure to take reasonable action or refusal to take reasonable action in connection with actual conduct by a tenant during the tenancy, or to excuse a housing provider from stopping, preventing, or remedying a hostile housing environment created by a tenant's actual conduct during the tenancy.

N.J. Admin. Code § 13:5-1.13

Adopted by 54 N.J.R. 76(a), effective 1/3/2022