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Tuesday, July 15, 2014

"The Truth-in-Renting Act." 46:8-43 . Short title

"The Truth-in-Renting Act." 46:8-43 .  Short title
    This act shall be known and may be cited as  "The Truth-in-Renting Act."

     L.1975, c. 310, s. 1.
46:8-44.  Definitions    As used in this act:

    a.   "Landlord"  means any person who rents or leases or offers to rent or lease, for a term of at least 1 month, dwelling units, except dwelling units in  rental premises containing not more than two such units, or in owner-occupied  premises of not more than three dwelling units, or in hotels, motels or other  guest houses serving transient or seasonal guests.

    b.   "Department"  means the Department of Community Affairs.

     c.   "Commissioner"  means the Commissioner of the Department of Community Affairs.

     L.1975, c. 310, s. 2.
46:8-45  Statement of legal rights and responsibilities of tenants and landlords of rental dwelling units. 
3. a. The department shall, as soon as practicable and annually thereafter, after public hearing, prepare and make available at no cost to the public, to the extent that funding has been made available to the department for free distribution, a statement, in a form and size suitable for posting and distributing pursuant to the provisions of this act, of the primary clearly established legal rights and responsibilities of tenants and landlords of rental dwelling units.  This statement shall be printed in both the English and Spanish languages and shall be posted on the department's Internet website, in an easily printable format, and updated annually.  The statement shall serve as an informational document, and nothing therein shall be construed as binding on or affecting a judicial determination under section 6 of P.L.1975, c.310 (C.46:8-48) of what constitutes a lease provision which violates clearly established legal rights of tenants or responsibilities of landlords.

b.Where practical considerations make it necessary for the department to limit the extent of the statement, items to be included shall be selected on the basis of the importance of their inclusion in protecting the rights of the public.

46:8-46.  Statement;  distribution and posting by landlords    Every landlord shall distribute one copy of the statement prepared and made  available pursuant to the provisions of this act to each of their tenants  within 30 days after it has been made available by the department and shall  thereafter provide a copy of the current statement to each new tenant at or  prior to the time he assumes occupancy of the dwelling.  In addition, every  landlord shall keep a copy of the current statement posted in one or more  locations so that the statement is prominent and accessible to all his tenants.

     L.1975, c. 310, s. 4.
46:8-47.     Violations of act; penalty       5.   Any landlord who violates any provision of this act, contrary to the legal rights of tenants, shall be liable to a penalty of not more than $100.00 for each offense. Such penalty 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, the Attorney General, or any other person. 

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