Bill Text: NJ A2645 | 2016-2017 | Regular Session | Introduced
Bill Title: Prohibits enforcement, for a period of 12 months, of homeowners' association bylaws prohibiting domesticated animals if owner is FEMA designated displaced individual following emergency declaration by President or Governor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-08 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2645 Detail]
Download: New_Jersey-2016-A2645-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Prohibits enforcement, for a period of 12 months, of homeowners' association bylaws prohibiting domesticated animals if owner is FEMA designated displaced individual following emergency declaration by President or Governor.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning homeowners' association bylaws with respect to domesticated animals under certain circumstances and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A condominium association with a deed restriction, or that has adopted a bylaw, rule, or regulation, prohibiting domesticated animals from residing in the condominium shall not enforce that provision against an eligible temporary occupant, for a period of 12 months commencing on the date the eligible temporary occupant first resides in a unit in the condominium.
For the purposes of this section, "eligible temporary occupant" means a person who has been designated by the Federal Emergency Management Agency in the United States Department of Homeland Security (FEMA) as a displaced individual following the declaration of an emergency by the President of the United States or the Governor, and who is residing in a unit within the condominium, that is owned by a relative, as a temporary residence following that declared emergency.
Subject to the provisions of this section, an eligible temporary occupant shall be allowed to have a maximum of four domesticated animals reside with them in the condominium unit. As used in this section, "domesticated animal" means a dog, cat, bird, or other animal which does not constitute a health or safety hazard.
2. A homeowners' association of a mobile home park with a deed restriction, or that has adopted a bylaw, rule, or regulation, prohibiting domesticated animals from residing in the mobile home park shall not enforce that provision against an eligible temporary occupant, for a period of 12 months commencing on the date the eligible temporary occupant first resides in a mobile home in the mobile home park.
For the purposes of this section, "eligible temporary occupant" means a person who has been designated by the Federal Emergency Management Agency in the United States Department of Homeland Security (FEMA) as a displaced individual following the declaration of an emergency by the President of the United States or the Governor, and who is residing in a mobile home within the mobile home park, that is owned by a relative, as a temporary residence following that declared emergency.
Subject to the provisions of this section, an eligible temporary occupant shall be allowed to have a maximum of four domesticated animals reside with them in a mobile home in the mobile home park. As used in this section, "domesticated animal" means a dog, cat, bird, or other animal which does not constitute a health or safety hazard.
3. A council of coowners of a horizontal property regime with a deed restriction, or that has adopted a bylaw, rule, or regulation, prohibiting domesticated animals from residing in the horizontal property regime shall not enforce that provision against an eligible temporary occupant, for a period of 12 months commencing on the date the eligible temporary occupant first resides in a unit in the horizontal property regime.
As used in this section, "eligible temporary occupant" means a person who has been designated by the Federal Emergency Management Agency in the United States Department of Homeland Security (FEMA) as a displaced individual following the declaration of an emergency by the President of the United States or the Governor, and who is residing in a unit within the horizontal property regime, that is owned by a relative, as a temporary residence following that declared emergency.
Subject to the provisions of this section, an eligible temporary occupant shall be allowed to have a maximum of four domesticated animals reside with them in a unit in the horizontal property regime. As used in this section, "domesticated animal" means a dog, cat, bird, or other animal which does not constitute a health or safety hazard.
4. An association formed for the management of commonly-owned elements and facilities of a planned real estate development which is subject to a deed restriction, or to a bylaw, rule, or regulation, prohibiting domesticated animals from residing in the planned real estate development, shall not enforce that provision against an eligible temporary occupant, for a period of 12 months commencing on the date the eligible temporary occupant first resides in a unit in the planned real estate development.
As used in this section, "eligible temporary occupant" means a person who has been designated by the Federal Emergency Management Agency in the United States Department of Homeland Security (FEMA) as a displaced individual following the declaration of an emergency by the President of the United States or the Governor, and who is residing in a unit in the planned real estate development, that is owned by a relative, as a temporary residence following that declared emergency.
Subject to the provisions of this section, an eligible temporary occupant shall be allowed to have a maximum of four domesticated animals reside with them in a unit in the planned real estate development. As used in this section, "domesticated animal" means a dog, cat, bird, or other animal which does not constitute a health or safety hazard.
5. This act shall take effect
immediately.
STATEMENT
This bill would prohibit the enforcement of a deed restriction, or a bylaw, rule, or regulation by a homeowners association of a condominium, horizontal property regime, mobile home park, or planned real estate development, which prohibits domesticated animals from residing therein, against an eligible temporary occupant for a period of 12 months commencing on the date the eligible temporary occupant first resides therein. The bill defines an "eligible temporary occupant as a person who has been designated by the Federal Emergency Management Agency of the United States Department of Homeland Security (FEMA) as a displaced individual following the declaration of an emergency by the President of the United States or the Governor, who is residing in such a real property, owned by a relative, as a temporary residence following that declared emergency.
Under the provisions of the bill, an eligible temporary occupant shall be allowed to have a maximum of four domesticated animals reside with the eligible temporary occupant during the 12-month period. "Domesticated animal" is defined in the bill as a dog, cat, bird, or other animal which does not constitute a health or safety hazard.
The provisions of this bill are intended to address circumstances such as the aftermath of Super Storm Sandy, which devastated many regions of the State on October 29, 2012 and left countless State residents, and their pets, homeless due to the damage wrought by the gale force winds and terrible flooding which damaged, or destroyed, thousands of homes. These residents needed to find emergent, temporary housing, and many of the displaced individuals, and their pets, moved in with relatives on a temporary basis. Some of the State's newspapers have reported that some residents, who were living temporarily in housing owned by relatives where homeowner association bylaws prohibited pets, were charged a daily fee per pet for the violation of those bylaws, which simply placed additional financial stress on these displaced individuals. The provisions of this bill are intended to allow State residents displaced as the result of an emergency declared by the President of the United States or by the Governor to keep their pets with them during their temporary occupancy in a unit of housing controlled by a homeowners association and its bylaws or deed restrictions.
