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Bill

S 4541

Relates to air quality in schools and student health

2025 Regular Session Introduced by Nathalia Fernández

Caps online rent payment surcharges at $5 per month, requires transparency, receipts, and landlord reimbursement of excess fees, with enforcement by consumer protection laws.

PRINT NUMBER 4541A
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WeVote Research Nonpartisan
Bill Summary · S 4541

Note on bill title: The bill header supplied named “Relates to air quality in schools and student health,” but the text of S-4541/A (Print 4541A) attached concerns residential rent payment surcharges. This summary reflects the bill text provided (rent payment surcharge reforms).

Summary — S-4541 (Print 4541A)

Purpose and intent

S-4541A is designed to protect New Jersey residential tenants from recurring online “convenience” or electronic payment surcharges, increase transparency about rent payment charges, and provide enforcement mechanisms when landlords pass these costs to tenants. The bill cites rising housing costs and the disproportionate burden on low-income, elderly, and fixed-income renters as motivation.

Key provisions

  • Findings: The bill includes legislative findings about rent burden in New Jersey (e.g., reference to National Low-Income Housing Coalition data and that over 45% of renters are rent‑burdened).

  • Definitions: Clarifies terms including “landlord” and “online rent payment surcharge” (covers credit/debit card fees, ACH fees, convenience fees, electronic funds transfer fees, etc.).

  • Prohibition on mandatory electronic-only payment: Reaffirms that a landlord may not require a tenant or prospective tenant to pay rent exclusively by electronic funds transfer (echoes/updates P.L.2019, c.300).

  • Dollar cap on surcharges: Establishes a maximum surcharge that a landlord may impose, pass through, or accept of $5 per monthly rental payment for any online rent payment method.

  • Landlord responsibility where third-party fees exceed cap:

    • If the third‑party payment processor’s fee exceeds $5, the landlord must either (a) assume the full excess cost, or (b) reimburse the tenant within 10 days of payment.
    • The landlord must provide the tenant an itemized document showing charges and proof that the landlord assumed or reimbursed the excess.

  • Receipts and attestation:

    • Requires landlords to give a receipt (printed, emailed, or electronically generated) for each payment showing amount, purpose, date received, names of landlord and tenant, and who accepted payment.
    • Each receipt must include a bold, size‑12 attestation (under penalty of perjury) confirming the receipt’s accuracy and that no surcharge above $5 was imposed or, if a third-party method was used, that the landlord assumed or reimbursed any excess.

  • Enforcement and penalties:

    • Violations are made subject to penalty provisions under P.L.1975, c.310 (C.46:8-43 et seq.) and are declared an unlawful practice under the New Jersey Consumer Fraud Act (P.L.1960, c.39; C.56:8-1 et seq.).
    • The bill signals a private cause of action and heightened financial incentives to encourage enforcement (text is partly truncated but indicates intent to allow tenant suits and meaningful penalties).

Who is affected

  • Tenants and prospective tenants of residential rental units in New Jersey (including seniors, disabled persons, low-wage earners).
  • Landlords, property managers, and owners of rental housing who currently accept or require electronic payments.
  • Third‑party payment processors (indirectly), since landlords may need to change processors, absorb fees, or alter payment options.

Practical impacts

  • Likely reduces out‑of‑pocket transaction costs for tenants by capping pass‑through fees at $5 per monthly payment.
  • Could shift payment-processing costs from tenants to landlords or require landlords to change payment platforms to comply.
  • Increases documentation and administrative duties for landlords (receipt format and attestation, itemization, timely reimbursements).
  • Provides tenants with civil remedies and consumer‑fraud enforcement tools to challenge unlawful fees.

Statutory changes and references

  • Amends and supplements P.L.2019, c.300 (C.46:8‑49.1 and C.46:8‑49.2).
  • Supplements/amends provisions of P.L.1975, c.310 (C.46:8‑43 et seq.).
  • Treats violations as unlawful practices under P.L.1960, c.39 (Consumer Fraud Act; C.56:8‑1 et seq.).

Procedural status and sponsors

  • Print Number: 4541A
  • Introduced: May 29, 2025
  • Sponsor (primary): Sen. Nathalia Fernandez
  • Referred to: Senate Community and Urban Affairs Committee (record also shows referrals/amendments through Health committee and print activity in Feb–Mar–May 2025)
  • Companion Assembly bills: A-5757; A-5347 (listed as companions)

Notes and limitations

  • Portion of the attached text is truncated; some enforcement details and cross-references to a pending penalty section are incomplete in the supplied text.
  • Because the header title did not match the bill body, confirm official bill text on the New Jersey Legislature website for final legislative language and status updates before relying on this summary for legal or policy work.

Compiled from official sources — confirm details with the bill’s official record.

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