Bill Text: NJ A5403 | 2020-2021 | Regular Session | Introduced

---

Bill Title: Permits tenants of commercial properties that are inaccessible due to state of emergency or public health emergency to terminate lease and elect not to pay rent for certain period.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-03-08 - Withdrawn from Consideration [A5403 Detail]

Download: New_Jersey-2020-A5403-Introduced.html

---

ASSEMBLY, No. 5403

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 23, 2021

 

 

Sponsored by:

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

 

 

 

 

SYNOPSIS

     Permits tenants of commercial properties that are inaccessible due to state of emergency or public health emergency to terminate lease and elect not to pay rent for certain period.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning tenants of commercial property made inaccessible due to state of emergency or public health emergency.

 

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

 

     1.    During a state of emergency declared by the Governor pursuant to P.L.1942, c.251 (C.App.A.:9-33 et seq.), or a public health emergency declared by the Governor pursuant to P.L.2005, c.222 (C.26:13-1 et seq.), a tenant of commercial property that has been inaccessible for a period of at least 90 days due to the state of emergency or public health emergency may:

     a.    terminate the lease of the property; and

     b.    elect not to pay any rent owed for the 90-day period during which the property is inaccessible.  If a tenant elects not to pay rent pursuant to this subsection, the owner of the commercial property shall not take action to collect the rent owed.

     As used in this section, "commercial property" means a property that is classified as a commercial property pursuant to N.J.A.C.18:12-2.2.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill permits a tenant of a commercial property that has been inaccessible for a period of at least 90 days due to the declaration of a state of emergency or a public health emergency to terminate the lease of the property and elect not to pay any rent owed for the 90-day period during which the property was inaccessible.  The bill defines "commercial property" to mean property that is classified as commercial property pursuant to the requirements of State regulation.  Pursuant to the regulation, commercial property means any other type of income-producing property other than property that is vacant land; residential, farm, or industrial property; or apartments.