ASSEMBLY, No. 4979
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 12, 2020
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Assemblyman JOHN ARMATO
District 2 (Atlantic)
Assemblyman BRIAN BERGEN
District 25 (Morris and Somerset)
Assemblywomen Jasey, Jimenez, Murphy, Assemblyman Mejia, Assemblywomen Chaparro, Vainieri Huttle, Assemblyman McKeon, Assemblywoman N.Munoz, Assemblymen Catalano, McGuckin, Assemblywoman DiMaso, Assemblymen Moriarty, Johnson, Scharfenberger, Spearman, Stanley, Assemblywoman Timberlake, Assemblymen Karabinchak and Mukherji
Establishes immunity relating to COVID-19 spread in planned real estate developments.
CURRENT VERSION OF TEXT
As reported by the Assembly Community Development and Affairs Committee on June 16, 2021, with amendments.
An Act establishing immunity relating to COVID-19 spread in planned real estate developments 1[and supplementing Title 2A of the New Jersey Statutes]1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. 1[Any illness, injury, death, or other] A planned real estate development shall be immune from civil liability for1 damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises of 1[a] the1 planned real estate development 1[shall not give rise to any cause of action.] , so long as the planned real estate development has prominently displayed at the entrance of any communal space shared by the planned real estate development’s residents and their guests, such as pools, gyms, and clubhouses, a sign stating the following warning:
“ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT.”1
b. The immunity provided pursuant to subsection a. of this section shall not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.
c. 1Nothing in this section shall be construed to limit or modify any claim for relief under the workers’ compensation law, R.S.34:15-1 et seq.
d.1 As used in this section:
“COVID-19” means the coronavirus disease 2019, as announced by the World Health Organization on February 11, 2020, and first identified in Wuhan, China.
“Planned real estate development” means the same as that term is defined in section 3 of P.L.1977, c.419 (C.45:22A-23).
2. This act shall take effect immediately 1and shall expire on the first day of calendar year 20221.