ASSEMBLY, No. 1198

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman DALTON

An Act concerning lease agreements for certain senior citizen housing and supplementing chapter 42 of Title 2A of the New Jersey Statutes.

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

    1. As used in this act:

    "Senior citizen tenant" means a person 62 years of age or older and includes any member of the person's immediate household or occupant surviving spouse.

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

    2. a. Within 24 hours after executing a lease or rental agreement with a senior citizen tenant for the use of a senior citizen housing unit, a landlord shall provide a copy of the lease or rental agreement to the senior citizen tenant.

    b. The senior citizen tenant may terminate the lease or rental agreement for any reason within 72 hours of its execution.

    c. At the option of the senior citizen tenant, the lease or rental agreement, as the case may be, shall be of a duration of one month to one year. Rental increases shall not exceed one per year in frequency.

    3. A landlord who violates this act shall be liable to a penalty of not less than $50 or more than $200 for each offense. The penalty shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court, Law Division, Special Civil Part in the county in which the rental premises are located shall have jurisdiction over such proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the commissioner, the Attorney General, or any other person.

    4. This act shall take effect on the first day of the third month after enactment.

STATEMENT

    This bill expands lease protections for senior citizen tenants in senior citizen housing. Senior citizens are defined as persons 62 years of age or older and members of their household or surviving spouse. Senior citizen housing is defined as a privately owned non-owner occupied structure with three or more units rented solely by senior citizens..

    The bill requires rental agreements and leases to be provided to the renter by the landlord within 24 hours of execution. It allows senior citizen tenants to terminate their leases within 72 hours of execution. The bill further gives such tenants the option of one month to annual rental agreements or leases and it limits rental increases to one per year regardless of the rental agreement or lease term. Violations of the act would be punishable by penalties of $50 to $200 for each offense.

Provides certain protections to tenants in senior citizen housing.