SENATE, No. 2345

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED APRIL 9, 2020

 


 

Sponsored by:

Senator  JOSEPH P. CRYAN

District 20 (Union)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

Co-Sponsored by:

Senators Addiego, Oroho and Pennacchio

 

 

 

 

SYNOPSIS

     Requires refund or credit for transient space reservations when public health emergency or state of emergency is in effect.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning a refund or credit for certain transient space accommodations under certain circumstances.

 

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

 

     1.    a.  (1)  A transient space marketplace shall provide a refund or credit for future use within 12 months for a reservation or booking for a transient accommodation that would occur during a public health emergency, pursuant to the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.), or a state of emergency, pursuant to P.L.1942, c.251 (C.App.A.9-33 et seq.), or both, declared by the Governor and in effect, or when a travel restriction is in place.  The transient space marketplace shall provide the refund or credit to the transient guest for the use of the transient accommodation advertised or listed through that marketplace under these conditions, notwithstanding any policy of the marketplace requiring payment in full in advance, or not allowing any refunds, or any other policy to the contrary.

     (2)   Additionally, with respect to the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic, a refund or credit shall be provided pursuant to paragraph (1) of this subsection for any reservation or booking for a transient space for any period beginning on or after March 1, 2020.

     b.    As used in this section:

     “Transient accommodation” means a room, group of rooms, or other living or sleeping space for the lodging of occupants, including but not limited to residences or buildings used as residences, located in this State. “Transient accommodation” does not include: a hotel or hotel room; a room, group of rooms, or other living or sleeping space used as a place of assembly; a dormitory or other similar residential facility of an elementary or secondary school or a college or university; a hospital, nursing home, or other similar residential facility of a provider of services for the care, support and treatment of individuals that is licensed by the State; a campsite, cabin, lean-to, or other similar residential facility of a campground or an adult or youth camp; a furnished or unfurnished private residential property, including but not limited to condominiums, bungalows, single-family homes and similar living units, where no maid service, room service, linen changing service or other common hotel services are made available by the lessor and where the keys to the furnished or unfurnished private residential property, whether a physical key, access to a keyless locking mechanism, or other means of physical ingress to the furnished or unfurnished private residential property, are provided to the lessee at the location of an offsite real estate broker licensed by the New Jersey Real Estate Commission pursuant to R.S.45:15-1 et seq.; or leases of real property with a term of at least 90 consecutive days.

     “Transient guest” means an individual who uses a transient space marketplace to secure a transient accommodation located in this State.

     “Transient space marketplace” means a digital platform on a hosted Internet website through which a person offers a transient accommodation in exchange for monetary or other compensation.  A “transient space marketplace” allows a person offering that accommodation to advertise or list the transient accommodation and provides a means for a transient guest to arrange for the use of the accommodation in exchange for monetary or other consideration

 

     2.    This act shall take effect immediately and shall be retroactive to March 1, 2020.

 

 

STATEMENT

 

     This bill requires a transient space marketplace, as defined by the bill, to provide a refund or credit for a reservation or booking for an accommodation that would occur during a public health emergency, pursuant to the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.), or a state of emergency, pursuant to P.L.1942, c.251 (C.App.A.9-33 et seq.), or both, declared by the Governor and in effect, or when a travel restriction is in place.  The transient space marketplace must provide the refund or credit notwithstanding any policy of the marketplace requiring payment in full in advance, or not allowing any refunds, or any other policy to the contrary.

     Additionally, with respect to the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic, a refund or credit shall be provided for any reservation or booking for a transient space for any period beginning on or after March 1, 2020.

     The bill is intended to apply to online services such as Airbnb and VRBO which offer a digital platform for owners of properties and potential guests to connect and arrange for the use of those properties on a “transient” or temporary basis.

     The bill defines “transient space marketplace” as a digital platform on a hosted Internet website through which a person offers a transient accommodation in exchange for monetary or other compensation.  The marketplace allows a person offering that accommodation to advertise or list the transient accommodation and provides a means for a transient guest to arrange for the use of the accommodation in exchange for monetary or other consideration.

     “Transient accommodation” is defined as a room, group of rooms, or other living or sleeping space for the lodging of occupants, including but not limited to residences or buildings used as residences, located in this State.  It does not include: a hotel or hotel room; a room, group of rooms, or other living or sleeping space used as a place of assembly; a dormitory or other similar residential facility of an elementary or secondary school or a college or university; a hospital, nursing home, or other similar residential facility licensed by the State; a campsite or campground; a furnished or unfurnished private residential property, including but not limited to condominiums, bungalows, single-family homes and similar living units, where the keys are provided to the lessee at the location of an offsite real estate broker licensed by the New Jersey Real Estate Commission pursuant to R.S.45:15-1 et seq.; or leases of real property with a term of at least 90 consecutive days.