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A 5432

Relates to dispensing certain controlled substances for use by a person with a substance use disorder

2025 Regular Session Introduced by Joe Angelino and 18 co-sponsors

Codifies a statutory, multi-factor test to determine unconscionable rent increases and expands court-record confidentiality for certain eviction cases, guiding tenants and landlords.

ENACTING CLAUSE STRICKEN
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Bill Summary · A 5432

Summary — Assembly Bill A5432 (reprint AAP 5/15/25 1R)

Status: Passed Assembly (50–25–1) 5/22/2025; received in Senate and referred to Senate Community & Urban Affairs Committee. Enacting clause stricken 6/4/2025.

Purpose

A5432 codifies into statute the legal test used by New Jersey courts to determine when a proposed rent increase is “unconscionable.” It also creates confidentiality protections for certain landlord–tenant court records arising from eviction actions.

Key provisions

  • Establishes a non‑exhaustive list of factors a court must consider when deciding whether a rent increase is unconscionable. The court must weigh all relevant factors and no single factor may be dispositive. The landlord bears the burden of proving the increase is not unconscionable.

Factors include:
- The amount of the proposed rent increase.
- The landlord’s expenses and profitability, including (but not limited to) new ownership or refinancing, financing on the property, improvements and maintenance, and recent changes in property‑related expenses (e.g., landlord‑paid utilities, insurance rate increases approved by relevant rate setter within the prior 12 months).
- How the existing and proposed rents compare to rents charged at comparable rental properties in the area (committee amendment adds explicit consideration of HUD Fair Market Rents and Small Area Market Rents).
- Relative bargaining power of the parties, including availability of rental housing in the area.
- Whether the increase would “shock the conscience” of a reasonable person (judicial, common‑sense appraisal).
- Time factors: length of tenancy, time since last rent increase by the current owner, and length of property ownership.
- Condition of the property, including unresolved habitability claims and outstanding health/safety code violations that remain after written notice and opportunity to cure.

  • Court record confidentiality (codifies paragraph (11) of R.1:38‑3 as amended by committee):

    • Excludes from public access (1) eviction records under C.2A:18‑61.1 that were adjudicated/disposed of where no judgment for possession was ever entered; and (2) eviction records (under N.J.S.2A:18‑53 et seq. or C.2A:18‑61.1) where a judgment for possession was entered seven or more years ago.
    • Earlier/introduced versions focused on excluding records where the tenant prevailed unless the landlord obtained a judgment for possession after trial; committee amendments refined and expanded the exclusions.

  • Exclusions: Does not apply to rent increases that are subject to and compliant with (a) a local rent control ordinance or approved variance, or (b) regulation under a local, State, or federal affordable housing program.

Who is affected

  • Tenants and residential landlords throughout New Jersey (affects disputes over rent increases).
  • Courts adjudicating landlord–tenant matters (provides statutory guidance).
  • Public access to certain eviction records will be restricted under the specified conditions.

Implementation and timing

  • Most provisions take effect immediately upon enactment.
  • Confidentiality of specified court records takes effect on the first day of the sixth month following enactment.

Fiscal impact

  • The bill is not certified as requiring a fiscal note.

Notes on legislative progress and amendments

  • Introduced 3/10/2025; reported by Assembly Housing Committee 3/20/2025; recommitted and amended by Assembly Appropriations Committee 5/15/2025 (amendments described above). Passed the Assembly 5/22/2025 and referred to the State Senate. The bill’s enacting clause was stricken on 6/4/2025 (a procedural change that may affect final form). A companion Senate bill is S4280.

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

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