New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S4245

Introduced
5/14/26  

Caption

Establishes affirmative defense of Social Security hardship in certain eviction actions.

Summary

This bill creates a new affirmative defense in residential eviction cases for tenants who can show a “Social Security hardship.” Under the bill, that hardship exists when a tenant’s household experiences a loss of income because Social Security benefits are interrupted, delayed, reduced, or terminated due to federal government action or inaction, but not when benefits end because the person is no longer eligible. A tenant facing a notice to quit for nonpayment of rent may raise this defense by presenting evidence that the benefit disruption affected the household’s ability to pay rent. If the tenant makes the required showing, the court must stay the eviction action until either 14 days after benefits are restored or six months after the stay is issued, whichever comes first. Once benefits are restored, the tenant must pay all past-due rent or enter into a mutually agreed payment plan within 14 days. If the tenant complies with these requirements, the court must dismiss the notice to quit, though the bill preserves a court’s ability to find that rent was owed before the hardship began.

Impact

The bill would amend New Jersey eviction law by adding a tenant-side defense specifically tied to disruptions in federal Social Security payments. It would affect residential landlords, tenants, and courts handling nonpayment eviction actions by requiring a temporary pause in proceedings when a qualifying hardship is proven, and by setting a repayment or payment-plan obligation once benefits resume. The measure does not eliminate rent liability; it delays enforcement and creates a procedural protection for tenants whose inability to pay is linked to federal benefit interruptions.

Sentiment

The bill’s overall tone is protective of tenants and aimed at preventing eviction when rent nonpayment is caused by a disruption in Social Security benefits outside the tenant’s control. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of legislative debate or formal support/opposition in the materials supplied. Based on the text alone, the bill appears designed as a targeted consumer and housing stability measure rather than a broad change to landlord-tenant law.

Contention

The main potential point of contention is the balance between tenant protection and landlord rent collection. Supporters would likely emphasize fairness for seniors, disabled residents, and other Social Security recipients who temporarily lose income because of federal delays or interruptions. Opponents or skeptics may focus on the burden on landlords, the difficulty of verifying the cause and duration of benefit disruptions, and the possibility of delayed eviction proceedings even when rent remains unpaid. The bill also leaves room for dispute over whether a tenant’s hardship truly caused the nonpayment and whether a payment plan is feasible once benefits are restored.

Companion Bills

NJ A4922

Same As Establishes affirmative defense of Social Security hardship in certain eviction actions.

Similar Bills

NJ A4922

Establishes affirmative defense of Social Security hardship in certain eviction actions.

IL HB1436

IHDA-HOUSING HARDSHIP PROGRAM

CA SB636

Electrical or gas corporations: deferment of payments: hardship.

DE HB133

An Act To Amend Title 11 Of The Delaware Code Relating To Fines, Fees, Restitution, And Other Court-related Monetary Obligations.

CA AB246

Social Security Tenant Protection Act of 2025.

NJ S708

Concerns assessment of farmland for property tax purposes.

CA SB1243

Unlawful detainer: Tenant Protections for Immigrant Families Act of 2026.

MA H1402

To protect MassHealth applicants facing undue hardship