A4463

An Act concerning the confidentiality of court records of certain eviction actions initiated during the time of the COVID-19 pandemic.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Emergency period” means the period during which a public health emergency exists as declared by the Governor in Executive Order No. 103 of 2020, as extended, and the 60 days following the conclusion of this period.

“Emergency period nonpayment court record” means any record containing information regarding an emergency period nonpayment eviction action, and any record of the filing of an emergency period nonpayment eviction action, including but not limited to:

a. any information maintained by a court in any form in connection with a case or judicial proceeding, including but not limited to pleadings, motions, briefs and their respective attachments, evidentiary exhibits, indices, calendars, and dockets;

b. any order, judgment, opinion, or decree related to a judicial proceeding;

c. any official transcript or recording of a public judicial proceeding, in any form;

d. any information in a computerized case management system created or prepared by the court in connection with a case or judicial proceeding; and

e. any record made or maintained by a judicial officer.

“Emergency period nonpayment eviction action” means any action initiated by a landlord, and any action initiated by or on behalf of a tenant in response to the landlord’s action, in the Superior Court of New Jersey, including the Special Civil part of the Superior Court, to evict or otherwise obtain possession of a tenant’s primary residence due to the tenant’s nonpayment or habitually late payment of rent during the emergency period.

“Landlord” means the business entity, person, or persons which own, purport to own, or exercise control of a residential dwelling, building, project, or mobile home park in which there is rented or offered for rent housing or mobile home pad space for living or dwelling purposes under either a written or oral lease.

2. a. An emergency period nonpayment court record shall remain confidential and unavailable to the public indefinitely.

b. Prior to issuing a written opinion or decision related to an emergency period nonpayment eviction action, the court shall redact the names and addresses of the parties, and any information that may facilitate discovery of the parties’ identities.

3. a. Any New Jersey public entity that maintains a written or automated record or file of emergency period nonpayment court records shall take appropriate actions to ensure that these records are kept confidential and unavailable to the public.

b. This act shall not prohibit the courts or other New Jersey public entities from retaining or distributing demographic information from emergency period nonpayment court records for the purpose of understanding the effect of the COVID-19 pandemic on evictions, or for other public purposes, so long as personally-identifiable information on persons involved in emergency period nonpayment eviction actions remains confidential.

c. The Supreme Court of New Jersey may adopt rules, and the Administrative Director of the Courts may issue directives and guidelines, to implement the purposes of this act.

4. a. When evaluating a prospective tenant, a landlord shall not consider an emergency period nonpayment eviction action.

b. A person, tenant screening service, or other entity, shall not knowingly provide court filing information or information contained in an emergency period nonpayment court record to a landlord or other entity involved in the rental of a dwelling unit.

5. a. Any person who violates section 4 of this act shall, in addition to any other penalty provided by law, be liable for a penalty of not less than $1,000 for the first offense, and not less than $5,000 for the second and each subsequent offense, plus reasonable attorney fees. This penalty shall be exclusive of, and in addition to, any moneys or property ordered to be paid or restored to any person whose information has been wrongly considered or distributed.

b. In addition to any other remedies provided by law, a residential tenant or applicant for rental housing may bring an action in Superior Court for a violation of section 4 this act.

6. This act shall take effect immediately and shall apply retroactively to emergency period nonpayment eviction actions initiated subsequent to March 9, 2020.

STATEMENT

This bill would establish confidentiality standards for court records of certain eviction actions initiated during the COVID-19 pandemic, specifically “emergency period nonpayment eviction actions.” The bill defines this term as any action initiated by a landlord, or by the tenant in response to the landlord’s action, in Superior Court, to evict a tenant from their primary residence due to the tenant’s nonpayment or habitually late payment of rent during the emergency period, meaning the period beginning March 9, 2020, and ending 60 days following the conclusion of the public health emergency declared by the Governor on that date. The bill defines an “emergency period nonpayment court record” to include any record containing information regarding an emergency period nonpayment eviction action, and any record of the filing of that action.

The bill would provide that an emergency period nonpayment court record would remain confidential and unavailable to the public indefinitely. The bill requires that prior to issuing a written decision for an emergency period nonpayment eviction action, the court would redact the names and addresses of the parties, and any information that may facilitate discovery of the parties’ identities.

Additionally, the bill would require any New Jersey public entity that maintains a record or file of emergency period nonpayment court records to take appropriate actions to ensure that these records are kept confidential and unavailable to the public.

The bill provides that it would not prohibit the courts or other New Jersey public entities from retaining or distributing demographic information from emergency period nonpayment court records for the purpose of understanding the effect of the COVID-19 pandemic on evictions, or for other public purposes, so long as personally-identifiable information on persons involved in emergency period nonpayment eviction actions remains confidential.

When evaluating a prospective tenant, the bill prohibits a landlord from considering an emergency period nonpayment eviction action. The bill also expressly prohibits a person from providing court filing information or information contained in an emergency period nonpayment court record to a landlord or other entity involved in the rental of a dwelling unit. Any person who violates either of these prohibitions would, in addition to any other penalty provided by law, be liable for a penalty of not less than $1,000 for the first offense, and not less than $5,000 for the second and each subsequent offense, plus reasonable attorney fees. In addition to any other remedies provided by law, the bill authorizes a residential tenant or applicant for rental housing to bring an action in Superior Court for a violation of either of these prohibitions.

This bill would take effect immediately and would apply retroactively to emergency period nonpayment eviction actions initiated subsequent to March 9, 2020.