Bill Text: NJ S3171 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes distinction between residential tenant and other occupants of hotel or motel for purpose of determining permitted removal actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-17 - Reported from Senate Committee with Amendments, 2nd Reading [S3171 Detail]
Download: New_Jersey-2024-S3171-Introduced.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Establishes distinction between residential tenant and transient guest of hotel or motel for purpose of determining permitted removal actions.
CURRENT VERSION OF TEXT
As introduced.
An Act distinguishing tenant from hotel or motel guest and supplementing chapter 42 of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this section:
"Guest" means the same as the term is defined pursuant to N.J.S.2A:44-47
"Minor child" means a child under the age of 18 years but excludes a child residing in a placement funded or approved by the Division of Child Protection and Permanency in the Department of Children and Families pursuant to either a voluntary placement agreement or court order.
"Minor ward" means a minor child for whom a guardian is appointed.
b. For the purposes of determining whether a property owner shall be required to comply with the residential eviction process, and the restrictions on the removal of a tenant established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), in order to remove a guest of a hotel or motel, the factors provided in this section shall be considered. Only if the following factors are generally accurate, shall the guest of a hotel or motel be considered a tenant, not a transient guest:
(1) the guest's stay has lasted for three months or longer;
(2) the guest has demonstrated an intent to stay for a long period of time through actions that may include, but shall not be limited to, registering to vote or sending the guest's children or minor ward to a public school, or both, or using the address of the hotel or motel for the receipt of mail or commercial courier deliveries;
(3) the operator of the hotel or motel had reason to know that the guest intended to be a long-term guest;
(4) the hotel or motel is the guest's only place of residence;
(5) the majority of other guests of the hotel or motel are long-term guests, and consider the hotel or motel as their primary residence;
(6) the living space of the guest contains a stove, oven, and refrigerator; and
(7) the guest has used personal linens, and has done their own housekeeping.
2. This act shall take effect immediately.
STATEMENT
This bill establishes a distinction between residential tenants and transient guests of a hotel or motel for the purpose of determining permitted removal actions. The bill codifies a multi-factor test, reflecting the existing test established by New Jersey courts, to apply in distinguishing between a tenant and a transient guest.
Specifically, in order to remove a guest of a hotel or motel and determine whether a property owner is required to comply with the residential eviction process, and the restrictions on tenant removal established by the Anti-Eviction Act, N.J.S.A.2A:18-61.1 et seq., the bill requires seven factors to be considered. If the following factors are generally accurate, then the guest of a hotel or motel would be considered a tenant, not a transient guest:
· the guest's stay has lasted for three months or longer;
· the guest has demonstrated an intent to stay for a long period of time through actions that may include registering to vote or sending children to a public school, using the address of the hotel or motel for the receipt of mail or deliveries;
· the hotel or motel operator had reason to know that the resident intended to be a long-term guest;
· the hotel or motel is the guest's only place of residence;
· the majority of other guests are long-term guests, and consider the hotel or motel as their primary residence;
· the living space of the guest contains a stove, oven, and refrigerator; and
· the guest has used personal linens, and has done their own housekeeping.
The bill would take effect immediately.
