The Commissioner of Community Affairs, the Public Advocate, the Attorney General, or
any State entity which made deposits on behalf of a tenant may impose a civil penalty against an
owner or lessee who has willfully and intentionally withheld deposits in violation of section 1 of
P.L.1967, c.265 (C.46:8-19), when the deposits were made by or on behalf of a tenant who has
received financial assistance through any State or federal program, including welfare or rental
assistance. An owner or lessee of a tenant on whose behalf deposits were made by a State entity
and who has willfully and intentionally withheld such deposits in violation of this section shall
be liable for a civil penalty of not less than $500 or more than $2,000 for each offense. The
penalty prescribed in this paragraph shall be collected and enforced by summary proceedings
pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The
State entity which made such deposits on behalf of a tenant shall be entitled to any penalty
amounts recovered pursuant to such proceedings.
In any action by a tenant, licensee, executor, administrator or surviving spouse, or other
person acting on behalf of a tenant, licensee, executor, administrator or surviving spouse, for the
return of moneys due under this section, the court upon finding for the tenant, licensee, executor,
administrator or surviving spouse shall award recovery of double the amount of said moneys,
together with full costs of any action and, in the court's discretion, reasonable attorney's fees.
HISTORY: L. 1971, c. 223, § 3; amended 1974, c. 151, § 1; 1979, c. 115, § 1; 1985, c. 42, § 4; 1985, c. 317, § 1; 2003, c. 188, § 4, eff. Jan. 1,
2004; 2007, c. 9, § 2, eff. Jan. 24, 2007, L. 2008, c.111.