SENATE, No. 2139

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 16, 2020

 


 

Sponsored by:

Senator  NIA H. GILL

District 34 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Requires minimum temperature in senior citizen housing projects to be maintained at 70 degrees from October 1 to May 1.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning temperature standards in senior citizen housing and supplementing Title 55 of the Revised Statutes.

 

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

 

     1.    As used in this act:

     “Landlord” means, in the case of a senior citizen housing project in which dwelling units are rented or offered for rent under either a written or oral lease, the person or persons who purport to own the building, structure, or complex of buildings or structures in which those rental dwelling units are situated.  In the case of a senior citizen housing project that is organized or operated as a planned real estate development, landlord means the governing board or body of that development.

     “Senior citizen” means a person 62 years of age or older.

     “Senior citizen housing project” means any building or structure, and any land appurtenant thereto, having three or more dwellings units, be they rental or owner-occupied, 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 licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

 

     2.    a.  Every landlord of a senior citizen housing project who permits to be occupied any unit of senior citizen housing therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain therein a minimum inside temperature in all habitable rooms, bathrooms, and water closet compartments of 70 degrees Fahrenheit from October 1 of each year to the next succeeding May 1.  The temperature shall be measured at least one foot away from any surface at the coldest portion of the space subject to regular use by occupants of any such room. 

     b.    The Department of Community Affairs shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this section.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires the landlord of a senior citizen housing project to maintain a heating system adequate to maintain an inside temperature in all habitable rooms, bathrooms, and water closets of at least 70 degrees Fahrenheit from October 1 of each year to May 1 of each year.  To determine landlord compliance with the bill, room temperature will be measured at least one foot away from any surface at the coldest portion of the space subject to regular use by its occupants.  Current law permits a local board of health to adopt ordinances and make rules and regulations establishing minimum heating temperatures for buildings designed to be occupied as residences by more than two families.

     Current State regulations governing heating standards in hotels, multiple dwelling units, and rooming and boarding houses require dwellings to have heating facilities that are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments to a temperature of at least 68 degrees.  The “Standards of Habitability” established by the State Housing Code (N.J.A.C.5:28-1 et seq.) require dwelling owners to supply or furnish heat adequate to maintain an inside temperature in all habitable rooms, bathrooms, and water closets of 68 degrees Fahrenheit from 6:00 A.M. to 11:00 P.M. and 65 degrees Fahrenheit from 11:00 P.M. to 6:00 A.M., from October 1 of each year to the next succeeding May 1.