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, Speight, Jasey and Assemblyman Conaway
SYNOPSIS
Prohibits late penalties from being made against senior citizen tenants in certain senior citizen rental housing in certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Assembly Housing Committee on March 8, 2021, with amendments.
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. 1[A delinquency or] Upon receipt of written proof that a senior citizen residing in a senior citizen housing project was admitted to a health care facility, a landlord shall waive any1 late charge 1[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] incurred by the tenant during the period of hospitalization and the grace period of five business days following discharge1. If payment of rent is not remitted within five business days following discharge, any 1[delinquency or other]1 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 1, provided that a tenant shall remain responsible for any rent which is due or may become due before the lease expires or is terminated pursuant to the provisions of the lease agreement or State law1.
c. A person violating the provisions of this section shall be 1[a disorderly person pursuant to section 2 of P.L.1976, c.100 (C.2A:42-6.2)] subject to a fine of $100 for a first offense, a fine of $250 for a second offense, and a fine of $500 for a third or subsequent offense. The action shall be brought by the Attorney General in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.)1.
1[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)]1
1[3.] 2.1 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)
1[4.] 3.1 This act shall take effect immediately.