N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-21.5

Deposit recovery, certain; court action not required for tenant receiving financial assistance

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseySecurity Deposits

Operative Text

N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-21.5
1. A tenant who has received financial assistance through any State or federal program, including welfare or rental assistance, shall not be required to file an action in court to recover deposits withheld by a landlord in violation of P.L.1967, c.265 (C.46:8-19 et seq.) in order to continue participation in any such program.

L.2007,c.9,s.1.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 46:8-21.5, tenants who receive State or federal financial assistance—such as welfare or rental assistance—are not required to go to court to recover a security deposit that a landlord has wrongfully withheld in order to maintain their eligibility in that assistance program. The provision removes a procedural barrier that might otherwise force program participants to choose between pursuing their deposit and keeping their benefits. It operates within the broader framework of New Jersey's security deposit law, P.L.1967, c.265 (C.46:8-19 et seq.).

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under N.J.S.A. 46:8-21.5, landlords who manage units occupied by tenants receiving State or federal financial assistance should be aware that those tenants are not obligated to initiate court proceedings to recover improperly withheld deposits in order to remain in their assistance programs. Compliant operators generally return security deposits in accordance with P.L.1967, c.265 (C.46:8-19 et seq.) and document all deductions clearly, reducing the likelihood of a dispute arising in the first place. Familiarity with this provision is particularly relevant when managing affordable housing or units participating in rental assistance programs.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 46:8-21.5 establishes that tenants receiving State or federal financial assistance—including welfare or rental assistance—do not have to file a court case to recover a wrongfully withheld security deposit in order to keep their program benefits. If a landlord has withheld a deposit in violation of New Jersey's security deposit law (C.46:8-19 et seq.), tenants may wish to explore options such as contacting their program administrator, reaching out to a local tenant-rights organization, or consulting with a legal aid provider familiar with New Jersey housing law. Understanding this provision can help tenants recognize that pursuing a withheld deposit need not jeopardize their continued participation in an assistance program.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
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Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
Interest rate on security deposits
§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT