STATEMENT TO

ASSEMBLY, No. 1811

with Assembly Floor Amendments

(Proposed By Assemblyman WEINGARTEN)

ADOPTED: JUNE 23, 1997

      These amendments would clarify that the provisions of the bill requiring condominium, cooperative and other homeowner associations to permit home-based businesses in their bylaws should not be construed as prohibiting guard-gated communities from enforcing their rules on access to the community. In addition, the amendments clarify that the hearing required pursuant to section 7 of the bill is to be an administrative hearing with the zoning or code enforcement official who imposed fines prior to the effective date of the act. The amendments also provide a mechanism to resolve any complaints which may be made that the activities of a home-based business is having a deleterious impact on the environment, character of the neighborhood, congestion or safety of the residents of the community. A municipal zoning or housing code official is authorized to make a determination on whether a home-based business is having such a negative impact, and may require such a business to meet certain conditions in order to be in compliance with the bill's provisions and retain permitted use status. The amendments also delay the effective date of the bill for 6 months.

      As amended, this bill is identical to Senate, No. 2190 (1R).