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A 3481

Revises "Homelessness Prevention Program"; requires new charge for filing of eviction action.

2026-2027 Regular Session Introduced by Joe Danielsen and 6 co-sponsors

New Jersey will create a new $75 eviction filing fee to fund eviction prevention and homelessness services, administered by the Office of Eviction Prevention, while aiding those at

Passed by the Assembly (55-19-4)
0
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Bill Summary · A 3481

Bill Summary: A-3481 (2026) – New Jersey

Main purpose

A-3481 revises the state's Homelessness Prevention Program (HPPP) and creates a new funding mechanism by imposing a filing charge for eviction actions. The bill aims to strengthen homelessness prevention efforts, set eligibility standards for assistance, expand the role of eviction prevention services, and earmark a new fee to fund eviction prevention and related supports.

Key provisions and changes

  1. Homelessness Prevention Program eligibility and design (amendments to P.L.1984, c.180)

    • Establishes who may receive assistance under HPPP and updates definitions:
      • “Commissioner” = Commissioner of Community Affairs; “Department” = Department of Community Affairs; “Program” = HPPP.
    • Eligibility criteria (new section 3):
      • An applicant must be a New Jersey resident and either homeless or at imminent risk of homelessness due to:
      • An eviction action related to inability to pay rent, mortgage foreclosure, or risk of imminent foreclosure/eviction.
      • Mortgage foreclosure.
      • Inability to pay rent or mortgage that could cause imminent eviction/foreclosure (as determined by the Department).
    • Imminent danger of homelessness (renter-focused criteria):
      • Inability to meet monthly rent obligations.
      • Various indicators tied to eviction actions, existing judgments, settlements, or arrears within specified timeframes.
      • For mortgagors: inability to make mortgage payments with a sheriff’s sale notice within 30 days.
    • Ineligibility criteria:
      • Household income above 80% of area median income for the family size/region.
      • Not exhausted all other resources; asset concealment; certain delinquent loans or forfeitures; rental from a family member (with exceptions for permanently disabled family members).
    • Mortgage assistance: if eligible for foreclosure relief, assistance is in the form of a loan secured by a mortgage, with conditions on occupancy, bankruptcy status, and the nature of the mortgage.
    • Priority and funding allocation:
      • If funds are limited, priority goes to the most vulnerable.
      • A ranking system prioritizes groups (disabled/high-risk, seniors, domestic violence survivors with referrals, families with children facing homelessness, those with history of homelessness) and other factors determined by the department.
      • Regions must have equal access to funds; rules for prioritization to be annually updated with recent data.

  2. New eviction-related funding charge (new sections 4–5)

    • Creates a statewide policy basis (finding and declaration) about eviction filing costs:
      • Lower eviction filing fees can incentivize landlords to pursue eviction and pressure tenants to pay; fees can influence landlord-tenant communications and housing stability.
      • Eviction records can hinder future housing access for tenants; the average U.S. eviction filing fee is cited as $109 (NJ court fees cited as $50).
      • Public policy supports a new filing charge to fund eviction prevention and homelessness prevention services.
    • Office of Eviction Prevention:
      • Establishes or utilizes an Office of Eviction Prevention (as per P.L.2021, c.188) with a “resource navigator” role to assist households facing eviction with prevention, relocation/rapid rehousing, social services, rental assistance, and access to legal services.
    • Fee structure:
      • An additional $75 eviction filing fee would be collected at filing.
      • Fees are directed to the Office of Eviction Prevention for eviction prevention services and related navigation programs (including leveraging the Rental Assistance Navigation Program under existing law).
      • The fee is not to be passed to tenants as “additional rent” or charged to tenants in any circumstance.
      • Applies except for landlords who rent three or fewer units (or four or fewer in owner-occupied structures for primary residences) with certain occupancy criteria.
    • Administrative and regulatory flexibility:
      • The Commissioner may adopt rules to implement sections 4 and 5, with an initial authority to issue rules immediately (temporary rules for up to one year, with later formal rulemaking).

  3. Rent/fee-related amendments (related to housing and eviction costs)

    • Amends P.L.2013, c.206 to codify a covenant requiring landlords to pay reasonable attorney’s fees or expenses if tenants successfully defend against eviction or related landlord actions; clarifies that such costs can be awarded and may be in money damages or future rent credits.
    • Revisions to P.L.2014, c.31 to allow the Courts to adjust filing fees in support of statewide programs (e.g., pretrial services, digital court information system, and legal aid funding), with a cap on fee increases (an aggregate increase not exceeding $50 per fee).

Who would be affected

  • Applicants for homelessness assistance: New eligibility tests could broaden or narrow access based on residency, income, and risk of homelessness related to eviction, foreclosure, or missed payments.
  • Landlords and tenants: The eviction filing fee changes would affect the cost of filing eviction actions, with the fee surcharge directed to eviction prevention services. Tenants would not bear the fee.
  • Office of Eviction Prevention and service providers: New funding stream and expanded navigator roles to assist households facing eviction, including linking to rapid rehousing and social services.
  • Judicial system and courts: Potential adjustments to filing fees and the administrative workflow to accommodate new funding streams and the operation of resource navigators.

Timeline and procedural aspects

  • Effective date: The act would take effect on the first day of the fourth month after enactment; anticipatory action by the Commissioner of Community Affairs is allowed to implement provisions sooner.
  • Rulemaking: The Department and Commissioner would issue implementing rules under the Administrative Procedure Act; temporary rules may be issued for up to one year before formal adoption.
  • Oversight and ongoing updates: Priority rankings for assistance would be updated annually using current demographic data.

Summary

A-3481 modernizes and expands the Homelessness Prevention Program, tightening eligibility criteria to prioritize those at imminent risk of homelessness due to eviction or foreclosure, and establishing a structured priority system. It also introduces a new $75 eviction filing fee to fund eviction prevention and homelessness services through the Office of Eviction Prevention, while ensuring the fee is not the tenant’s burden. Additional landlord-tenant policy updates, including attorney’s fees for successful tenant defenses and targeted court fee adjustments, accompany these changes. The act emphasizes data-driven prioritization, regional equity, and enhanced support via resource navigators to strengthen homelessness prevention and eviction prevention efforts in New Jersey.

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

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