SENATE URBAN POLICY AND PLANNING COMMITTEE

STATEMENT TO

SENATE, No. 1093

STATE OF NEW JERSEY

DATED: OCTOBER 7, 1996

      The Senate Urban Policy and Planning Committee reports favorably Senate Bill No. 1093.

      Senate Bill No. 1093 amends the statutes regarding eviction to make it easier for a tenant in public housing under the control of a housing authority or redevelopment agency to be evicted for illegal drug activities or other illegal activities such as those involving weapons, in violation of that tenant's lease.

      Specifically, the bill authorizes eviction of tenants of public housing under the control of a public housing authority or redevelopment agency who have been found to be in substantial violation or in breach of any of the covenants or agreements contained in the lease for the premises pertaining to illegal uses of controlled dangerous substances or other illegal activities, whether or not a right of reentry is reserved to the landlord in the lease for a violation of the covenant or agreement, so long as the covenenat or agreement conforms to federal guidelines regarding such lease provisions and was contained in the lease at the beginning of the lease term.

      Under current law, a tenant may be evicted upon a criminal conviction for illegal drug activity, which may take considerable time. This bill would not require a criminal conviction in order for a public housing tenant to be evicted on these grounds; instead, a contractual violation would become the basis for eviction. In addition, the bill provides that the tenant may be removed after three days' notice by a housing authority or other appropriate entity upon its finding that a violation of the lease provision has occurred.