New Recording Surcharges Authorized to Subsidize the Homelessness Trust Fund

The State of New Jersey has enacted the "County Homelessness Trust Fund Act," P.L. 2009, c.123, codified at NJSA 52:27D-287a et seq. and amending NJSA 22A:4-17, which authorizes county governments to create county homelessness prevention trust funds and authorizes county-operated programs to meet the needs of homeless individuals and families.

This new law allows a county in its own discretion to required the payment of a $3.00 fee on each document recorded in order to fund a County war chest for homelessness initiatives.

Thus far, we have learned of nine (9) Counties which have announced their intention to charge the $3.00 fee on every document delivered to its County Clerk's Office for recording. Those Counties are as follows:

  1. Bergen - now in effect
  2. Passaic - now in effect
  3. Hudson - now in effect
  4. Middlesex - now in effect
  5. Union - now in effect
  6. Somerset - now in effect
  7. Mercer - now in effect
  8. Camden - now in effect
  9. Cumberland - now in effect

You would be well advised to prepare for this recording surcharge when collecting instruments at closing and calculating the appropriate recording fees.

We will update this page with additional County activity as we hear of it.