Bill Text: NJ A4336 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits annual increase in rent or lease payments of more than two percent for certain nursing homes except in certain circumstances.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-10-13 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A4336 Detail]
Download: New_Jersey-2022-A4336-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Prohibits annual increase in rent or lease payments of more than four percent for certain nursing homes except in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning restrictions on rent or lease agreements in certain nursing homes and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any other law to the contrary, a person who leases or rents the land or a building to an owner or operator of a nursing home for use therefor shall not increase or enter into any agreement to increase such lease or rent payments by more than four percent annually unless such person files a petition in the Superior Court, in the Office of the Special Civil Part Clerk in the county where the rental or leased premises are located, and the court finds good cause for the increase based on the following factors related to the land or building:
(1) heating;
(2) utilities;
(3) maintenance or janitorial services or materials;
(4) real estate taxes;
(5) property insurances;
(6) reasonable improvements to the land or building;
(7) reasonable services or amenities not previously provided;
(8) depreciation;
(9) repairs and replacements;
(10) a commensurate increase, if any, in the overall Consumer Price Index for New York-Northeastern New Jersey as published by the United States Department of Labor, Bureau of Labor Statistics as of September 30 of the year preceding the year in which the increase is sought to be implemented;
(11) a decrease in funds received by any agency of the federal government or pursuant to any act or enactment of the federal government;
(12) whether the nursing home owner or operator consents to the increase;
(13) any actions taken to mitigate the increase; and
(15) any other factor deemed appropriate by the court.
b. A person who leases or rents the land on which or building in which a nursing home operates may file a petition in the Superior Court alleging violation of this section.
c. A person who violates the provisions of this section shall be subject to a penalty equal to two and one-half times the monthly lease or rent payments for each violation. The payment of such penalties shall be deposited into a fund to be used to offset the cost to the courts of administering the provisions of this section.
d. As used in this section:
"Nursing home" means the same as the term is defined in section 1 of P.L.1975, c.397 (C.26:2H-29).
"Person" means the same as the term is defined in R.S.1:1-2.
2. This act shall take effect on the 366th day next following enactment, except that it shall only apply to a rent or lease agreement entered into or renewed after the effective date of this act.
STATEMENT
The bill prohibits a person who leases or rents the land or a building to an owner or operator of a nursing home for use therefor from increasing or entering into any agreement to increase the lease or rent payments by more than four percent annually.
A person may be exempt from the provisions of the bill if the person files a petition in the Superior Court, in the Office of the Special Civil Part Clerk in the county where the rental or leased premises are located, and the court finds good cause for the increase based on the factors related to the land or building. These factors include: (1) heating; (2) utilities; (3) maintenance or janitorial services or materials; (4) real estate taxes; (5) property insurances; (6) reasonable improvements to the land or building; (7) reasonable services or amenities not previously provided; (8) depreciation; (9) repairs and replacements; (10) a commensurate increase, if any, in the overall Consumer Price Index for New York-Northeastern New; (11) a decrease in funds received by any agency of the federal government or pursuant to any act or enactment of the federal government; (12) whether the nursing home owner or operator consents to the increase; (13) any actions taken to mitigate the increase; and (15) any other factor deemed appropriate by the court.
The bill provides that a person who leases or rents the land on which or building in which a nursing home operates may file a petition in the Superior Court alleging violation of the provisions of this bill. A person who violates the provisions of this section will be subject to a penalty equal to two and one-half times the monthly lease or rent payments for each violation. The payment of such penalties will be deposited into a fund to be used to offset the cost to the courts of administering the provisions of this section.
The bill defines a "person" to include corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. The bill defines "nursing home" to mean a health care facility licensed by the Department of Health to provide professional nursing care on a daily basis and includes intermediate care facilities.
