Enhances the use of breach of implied warranty of habitability as a defense in eviction actions.
New Jersey A489 codifies and enhances the use of breach of the implied warranty of habitability as a defense in certain eviction actions. If a tenant asserts a breach of the implied warranty of habitability as a defense in an eviction action for non-payment of rent, the court must order an inspection of the premises by a code enforcement official. If a breach is determined, the court can reduce the tenant’s rental obligation, establish a payment schedule, and specify actions the landlord must take to remedy the breach.
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