ASSEMBLY, No. 1740

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

Assemblywoman  ANNETTE CHAPARRO

District 33 (Hudson)

Assemblywoman  JOANN DOWNEY

District 11 (Monmouth)

 

Co-Sponsored by:

Assemblywoman Murphy, Assemblyman Benson, Assemblywomen Reynolds-Jackson and Speight

 

 

 

 

SYNOPSIS

     Prohibits late penalties from being made against senior citizen tenants in certain senior citizen rental housing in certain circumstances.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

   


An Act concerning delinquency and other late charges for certain senior citizen rental housing, and amending and supplementing P.L.1976, c.100.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)    a.   As used in this section:

     "Business day" means any day other than a Saturday, Sunday or State or federal holiday.

     "Health care facility" means a health care facility licensed by the Department of Health  pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a psychiatric hospital operated by the Department of Human Services and listed in R.S.30:1-7, or any similar facility licensed by and operating in another state.

     "Senior citizen" means a person 62 years of age or over and shall include a surviving spouse if that surviving spouse is 55 years of age or over. 

     "Senior citizen housing project" means any building or structure, and any land appurtenant thereto, having three or more rental dwelling units intended for, and solely occupied by, senior citizens; except that, it shall not include owner-occupied premises having not more than three dwelling units that are rented or offered for rent, or any health care facility as defined in the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.). 

     b.    A delinquency or late charge shall not be imposed upon a senior citizen residing in a senior citizen housing project during any time period in which the senior citizen was unable to make a rent payment due to the senior citizen being admitted to a health care facility, and including the five business day period immediately following the return of the senior citizen to the rental premises, except that the senior citizen, or a representative thereof, shall provide written proof of the admittance to the landlord before the completion of the fifth business day immediately following the return of the senior citizen to the rental premises. Upon discharge from a health care facility, the senior citizen shall have five business days to remit payment of any rent due. If payment of rent is not remitted within five business days following discharge, any delinquency or other late charge permitted under law may be  imposed upon the senior citizen.

     The grace period of five business days shall not commence following discharge from a health care facility if the senior citizen is admitted to a subsequent health care facility and does not return to the rental premises following discharge from the prior health care facility.

     c.     A person violating the provisions of this section shall be a disorderly person pursuant to section 2 of P.L.1976, c.100 (C.2A:42-6.2). 

 

     2.    Section 2 of P.L.1976, c.100 (C.2A:42-6.2) is amended to read as follows:

     2.    Any person violating the provisions of [this act] section 1 of P.L.1976, c.100 (C.2A:42-6.1) or section 1 of P.L.   , c.   (C.      ) (pending before the Legislature as this bill) shall be a disorderly person.

(cf: P.L.1976, c.100, s.2)

 

     3.    Section 3 of P.L.1976, c.100 (C.2A:42-6.3) is amended to read as follows:

     3.    The provisions of [this act] section 1 of P.L.1976, c.100 (C.2A:42-6.1) shall only be applicable to premises rented or leased by senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey.

(cf: P.L.2001, c.142, s.2)

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

      This bill prohibits the landlord of a senior citizen housing project from imposing certain late charges upon senior citizen tenants who are unable to make timely rent payments due to their admittance to a health care facility. 

      Under current law, a landlord is prohibited from imposing late charges on certain senior citizen tenants, including those who receive certain pension benefits or governmental assistance, during the five business day period following the due date of a rental payment.  The bill would expand these provisions to include certain senior citizen tenants who have been admitted to a health care facility.

      Specifically, the bill provides that no late charge may be imposed on a senior citizen tenant who resides in a senior citizen housing project during: (1) any time period in which the senior citizen was unable to make a timely rent payment due to the person’s admittance to a health care facility, and (2) the period of five business days following the senior citizen’s return to the rental premises.  The senior citizen, or a representative thereof, would be required to provide written proof of the admittance, within the period of five business days following the return to the rental premises, in order to qualify for the grace period. 

      Under the bill, a senior citizen tenant would have to remit any outstanding rent within five business days of discharge from the health care facility.  If the full rent payment is not remitted within that period, the landlord may thereafter impose late charges.  However, the grace period would not begin if following discharge from the health care facility, the senior citizen is immediately admitted to a subsequent health care facility without returning to the rental premises.  A landlord who violates the provisions of the bill would be guilty of a disorderly persons offense.

      Under the bill, a “senior citizen” includes a person 62 years of age or over and a surviving spouse if that person is 55 years of age or over. The bill defines a “senior citizen housing project” as any building or structure, and any land appurtenant thereto, having three or more rental dwelling units intended for, and solely occupied by, senior citizens; except that, it shall not include owner-occupied premises having not more than three dwelling units that are rented or offered for rent, or any health care facility.