S 403 New Jersey Senate · 2026-2027 Regular Session

Codifies and enhances use of breach of implied warranty of habitability as defense to certain eviction actions.

S 403 codifies the implied warranty of habitability for residential rental properties in New Jersey, requiring all leases (written or oral) to guarantee premises are safe, healthy, and fit for living. It directly affects tenants and landlords by allowing tenants to use habitability breaches (like unaddressed code violations) as a defense against eviction for unpaid rent, provided they notified the landlord. Key mechanisms include court-ordered inspections by code enforcement officials, automatic rent reductions for defective conditions, and court-mandated repair schedules for landlords. The bill ensures tenants can withhold rent for conditions reported within 12 months prior to eviction, with remedies retroactive to the notice date and prospective until repairs are completed. (Introduced January 13, 2026; pending in Senate Committee)
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Jan 13, 2026
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Jan 13, 2026
Introduced
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee
upper
1 primary · 0 co-sponsors

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Legislator
Party
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P
Photo of Brian Stack
Brian Stack
DDemocratic
NJ
33