Bill Text: NJ S3788 | 2022-2023 | Regular Session | Introduced
Bill Title: Strengthens provisions of child-protection window guard law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-08 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3788 Detail]
Download: New_Jersey-2022-S3788-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Strengthens provisions of child-protection window guard law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child-protection window guards and amending P.L.1995, c.120.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1995, c.120 (C.55:13A-7.13) is amended to read as follows:
2. a. (1) Except as provided in subsection b. of this section, the owner, lessor, agent or other person who manages or controls a multiple dwelling, other than a multiple dwelling which is part of a common interest community, shall [, upon the written request of a tenant of a] provide, install, and maintain approved child-protection window guards on the windows of each rental unit in which a child or children 10 years of age or under reside or will reside or are regularly present for a substantial period of time, and shall provide, install, and maintain approved child-protection window guards on the windows [of the dwelling unit and on any windows] in the public halls of a multiple dwelling in which any child or children of such age reside or are regularly present for a substantial period of time.
(2) (a) Except as provided in subsection b. of this section, the owner, lessor, agent or other person who controls a unit of dwelling space in a multiple dwelling within a common interest community [, upon the written request of a tenant of a] shall provide, install, and maintain approved child-protection window guards on the windows of each rental unit [in which] if a child or children 10 years of age or under reside or will reside or are regularly present for a substantial period of time [, shall provide, install and maintain child-protection window guards on the windows of the unit].
(b) The owner, lessor, agent, or other person who controls a unit of dwelling space in a multiple dwelling within a common interest community shall provide written notice to the unit owners' association whenever a [tenant of a unit, in which a] child or children 10 years of age or under reside or will reside or are regularly present for a substantial period of time, [has requested] to inform the association that child-protection window guards are required to be provided, installed , and maintained on the windows in the common areas of the common interest community.
(3) (a) Except as provided in subsection b. of this section, upon receiving the written [request] notice of an owner, lessor, agent, or other person who controls a unit of dwelling space in a multiple dwelling within a common interest community, or an occupant of a dwelling unit of a multiple dwelling within a common interest community, [in which dwelling unit] or upon receiving notice that a child or children 10 years of age or under reside or will reside or are regularly present for a substantial period of time within the common interest community, the unit owners' association shall provide, install, and maintain approved child-protection window guards on the windows which are determined to be in common areas of the [community property] common interest community and maintained by the association.
(b) A unit owners' association shall not adopt or seek to enforce any restrictions or architectural controls which would prohibit or impede the installation of a window guard in compliance with P.L.1995, c.120 (C.55:13A-7.12 et seq.).
b. (1) The requirements of subsection a. of this section shall apply to all windows, except those windows which give access to a fire escape, which are not designed to open, or which are on the first floor and are a required means of emergency egress from the dwelling unit; provided, however, that the requirements of subsection a. of this section shall apply to first floor windows in such circumstances as the commissioner may provide by rule.
(2) [The requirements of subsection a. of this section shall not apply to seasonal rental units. "Seasonal rental unit" means a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed. The owner, lessor, agent or other person who controls a dwelling unit shall have the burden of proving that the rental is seasonal.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(3) (a) The requirements of subsection a. of this section shall not apply to a unit of dwelling space during the period of time the unit is occupied by a tenant who has waived, in writing, the right to have the owner, lessor, agent, or other person who controls the unit of dwelling space provide, install, and maintain child-protection window guards.
(b) A tenant who has waived the right to have the owner, lessor, agent, or other person who controls the unit of dwelling space provide, install, and maintain child-protection window guards may rescind the waiver by delivering a written notice to the owner, lessor, agent, or other person who controls the unit of dwelling space requesting the installation of window guards.
(c) The requirements of subsection a. of this section shall apply to the common areas of a common interest community whenever the unit owners' association has received notice that a child or children 10 years of age or under reside or will reside or are regularly present for a substantial period of time within the common interest community.
c. Any child-protection window guard installed pursuant to P.L.1995, c.120 (C.55:13A-7.12 et seq.) shall conform to the requirements of the State Uniform Construction Code with respect to means of emergency egress, and a window guard installed on an emergency egress window shall be releasable or removable from the inside without use of a key, tool or excessive force. Window guards installed on all other windows shall be designed, constructed, and installed so that they may not deliberately or through accident, ignorance or inadvertence, be removed, opened, or dislodged without the use of a key or tool.
d. (1) Upon installation of a child-protection window guard in a dwelling unit, and annually thereafter, the owner, lessor, agent or other person who manages and controls that dwelling unit shall provide the tenant with an orientation concerning the safe use and manipulation of window guards in accordance with guidelines established by the Commissioner of Community Affairs pursuant to section 5 of P.L.1995, c.120 (C.55:13A-7.16).
(2) Upon installation of a child-protection window guard in the common areas of a multiple dwelling, and annually thereafter, the owner, lessor, unit owners' association, agent or other person who manages and controls the common areas of the multiple dwelling shall provide the occupants of the multiple dwelling with an orientation concerning the safe use and manipulation of window guards in accordance with guidelines established by the Commissioner of Community Affairs pursuant to section 5 of P.L.1995, c.120 (C.55:13A-7.16).
e. (1) [At least twice annually] Semi-annually, once between February 1 and May 1 and once between September 1 and December 1, the owner, lessor, unit owners' association, agent or other person who manages and controls a unit of dwelling space in a multiple dwelling, the common areas of the multiple dwelling, or both, in which child protection window guards have been installed, shall inspect each [such] window guard under their control to ensure that [it] each window guard remains sound and in conformance with the provisions of P.L.1995, c.120 (C.55:13A-7.12 et seq.) [, and].
(2) The owner, lessor, unit owners' association, agent, or other person who manages and controls a unit of dwelling space in a multiple dwelling, the common areas of the multiple dwelling, or both, shall enter a record of [such] each inspection in a log, which shall be maintained as a permanent record so long as the window guard remains installed, and for five years thereafter, and which shall be available upon request to the department or its duly authorized representative.
f. (1) A tenant or unit owner may file a complaint with the commissioner for the failure to comply with the provisions of P.L.1995, c.120 (C.55:13A-7.12 et seq.). The commissioner shall investigate complaints within a reasonable time period. The commissioner may impose penalties authorized under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.) for violations concerning the installation of child-protection window guards and may institute a criminal complaint for a repeat conviction after the imposition of a $5,000 civil penalty for a continuing violation pursuant to section 19 of P.L.1967, c.76 (C.55:13A-19).
(2) (a) Failure to provide, install, or maintain an approved child-protection window guard as required under this section is hereby declared to constitute a nuisance and a condition dangerous to life and health.
(b) A person required to provide, install, and maintain an approved child-protection window guard pursuant to this section shall abate a nuisance by providing, installing, and maintaining child-protection window guards as required pursuant to this section.
(c) Whenever a nuisance or condition is found to exist in violation of this section, the department may order the person or persons obligated to provide, install, and maintain child-protection window guards to do so. In the event an order is not complied with within five days after service of the order, the department may execute the order and shall be entitled to reimbursement of expenses incurred thereby.
g. To the extent that a violation of P.L.1995, c.120 (C.55:13A-7.12 et seq.) has occurred within a rental unit in a common interest community, such violation shall be noticed to, and resultant penalties imposed upon, the unit owner of such rental unit [and not the unit owners' association].
h. To the extent that a violation of P.L.1995, c.120 (C.55:13A-7.12 et seq.) has occurred within the common areas of a common interest community, such violation shall be noticed to, and resultant penalties imposed upon, the unit owners' association.
(cf: P.L.2006, c.55, s.2)
2. Section 3 of P.L.1995, c.120 (C.55:13A-7.14) is amended to read as follows:
3. a. (1) All leases offered to tenants in multiple dwellings shall contain, as a rider to the lease, a notice, [conspicuously set forth therein in prominent] in the form prepared by the department, informing the tenant of the requirements concerning the installation of window guards. The notice shall be printed in not less than 12 point type, underlined, and, as provided in paragraph (3) of this subsection, in boldface type [, advising tenants and prospective tenants of the availability of window guards under P.L.1995, c.120 (C.55:13A-7.12 et seq.) and the need for a tenant to request in writing the installation of window guards. In the case of a cooperative, as defined in P.L.1987, c.381 (C.46:8D-1 et seq.), formed prior to the effective date of P.L.2006, c.55 (C.55:13A-7.12a et al.), the notice required by this subsection shall not be required in proprietary leases].
(2) The notice shall be separately signed and dated by the tenant who signed the lease indicating clearly whether a child 10 years of age or under is, or will be, residing in the leased premises.
(3) The department shall prepare forms of the notice required under this subsection in English and in Spanish, and make the forms available on the department's Internet website for download and printing. The notice forms shall provide the following content:
WINDOW GUARDS REQUIREMENT
LEASE NOTICE TO TENANT
If a child 10 years of age or younger lives in your apartment, you are required by law to have window guards installed or indicate in writing that you do not want window guards installed.
Your Landlord is required by law to install window guards in your apartment:
• if you ask your landlord to put in window guards at any time (you need not give a reason)
OR
• if a child 10 years of age or younger lives in your apartment, unless you indicate in writing that you do not want window guards installed.
It is a violation of law to interfere with installation of window guards or remove window guards yourself.
CHECK ONE
□ A CHILD 10 YEARS OF AGE OR YOUNGER LIVES IN MY APARTMENT AND I WANT WINDOW GUARDS
□ A CHILD 10 YEARS OF AGE OR YOUNGER LIVES IN MY APARTMENT AND I DO NOT WANT WINDOW GUARDS
□ NO CHILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT AND I WANT WINDOW GUARDS
□ NO CHILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT AND I DO NOT WANT WINDOW GUARDS
________________
TENANT (PRINT)
____________________ ______
TENANT SIGNATURE DATE
______________
Tenant's Address
FOR FURTHER INFORMATION CALL:
New Jersey Department of Community Affairs
Bureau of Housing Inspection
101 South Broad Street
PO Box 800
Trenton, New Jersey 08625-0800
609-633-6216
b. (1) [At the time of lease signing,] (a) Except as otherwise provided in subparagraph (c) of this paragraph, each year, no earlier than January 1 and no later than January 16, and within 30 days of a change in occupancy not involving a written lease, the owner, lessor, agent, or other person who manages or controls a unit of dwelling space in a multiple dwelling shall [verbally inform the tenant of the tenant's right to request the installation of window guards under P.L.1995, c.120 (C.55:13A-7.12 et seq.)] deliver to each dwelling unit a notice, in the form prepared by the department pursuant to this paragraph, informing the tenant of the requirements concerning the installation of window guards.
(b) The notice shall be printed in not less than 12 point type, underlined, and, as provided in subparagraph (d) of this paragraph, in boldface type. [Verification that this verbal notice was provided and understood shall be set forth. in a written document, aside from the lease document itself, which written document shall acknowledge that the tenant was made aware of the right to request the installation of window guards and which shall be signed by both the tenant and the owner, lessor, agent or other person who manages or controls the unit of dwelling space.] The owner, lessor, agent, or other person who manages or controls a unit of dwelling space in a multiple dwelling shall deliver the notice by:
(i) first class mail addressed to the tenant at the dwelling unit;
(ii) hand delivery to the tenant at the dwelling unit;
(iii) enclosure with the rent bill, in which case, the notice may be delivered at the time the rent bill for the month of January is delivered; or
(iv) electronic means, if the applicable written lease provides that the owner, lessor, agent, or other person who manages or controls a unit of dwelling space in a multiple dwelling may deliver official notices to the tenant by electronic means.
(c) The owner, lessor, agent, or other person who manages or controls a unit of dwelling space in a multiple dwelling shall not be required to deliver the notice required under this paragraph to a tenant if the tenant has signed and dated the notice required under subsection a. of this section on or after August 1 of the immediately previous year.
(d) The department shall prepare forms of the notice required under this subsection in English and in Spanish, and make the forms available on the department's Internet website for download and printing. The notice forms shall provide the following content:
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF NEW JERSEY
NOTICE TO TENANT OR OCCUPANT
Annual Notice - Window Guards
New Jersey law requires that tenants living in buildings with 3 or more apartments complete this form and return it to their landlord before February 15, each year. If you do not return this form, your landlord is required to go to your apartment and ask you to complete and return this form.
By law, your landlord must install window guards in your apartment, unless you indicate in writing that you do not want window guards installed.
By law, your landlord must install window guards in your apartment if you request them, even if no children live with you.
• It is against the law to interfere with
installation of window guards, or remove window guards yourself. Air
conditioners in windows must be securely installed.
• Window guards must be installed so there is no space greater than 4 inches above or below the guard, on the side of the guard, or between the bars.
• ONLY windows that open to fire escapes, and one window in each first floor apartment which is an emergency exit from the apartment, are legally exempt from this requirement.
Please check all boxes that apply:
A child 10 years of age or younger lives in my apartment and:
□ Window guards are installed in all windows as required.
□ Window guards need repair.
□ Window guards are NOT installed in all windows as required.
□ I do not want window guards installed.
No children 10 years of age or younger live in my apartment and:
□ I want window guards installed anyway.
□ I have window guards, but they need repair.
Tenant's Name:
(Print)(Address/Apt. No.)
Date:
(Signature)
RETURN THIS FORM TO (NAME AND ADDRESS OF
OWNER OR MANAGING AGENT)
FOR FURTHER INFORMATION CALL:
New Jersey Department of Community Affairs
Bureau of Housing Inspection
101 South Broad Street
PO Box 800
Trenton, New Jersey 08625-0800
(609) 633-6216
(2) (a) [The owner, lessor, agent or other person who manages or controls a multiple dwelling unit or a rental unit within a common interest community shall cause to be delivered to each dwelling unit so managed or controlled, twice annually, a notice, in form and manner prescribed by the commissioner, advising occupants of the obligation of the said owner, lessor, agent or other person to install child-protection window guards pursuant to section 2 of P.L.1995, c.120 (C.55:13A-7.13). For the purposes of this section, an owner of a rental unit located within a common interest community, and not the unit owners' association, shall be deemed to be the managing agent of that rental unit. A lease provision notifying a tenant of the availability of window guards may satisfy one of the notice requirements of this subparagraph.] If by February 15th of the year for which the notice was sent, an owner, lessor, agent, or other person who manages or controls a unit of dwelling space in a multiple dwelling does not have a written communication signed by the tenant, and does not otherwise have actual knowledge of the need or desire for window guards, then the person shall, at a reasonable time, go to the dwelling unit and ask the tenant whether a child 10 years of age or younger resides in the dwelling and if so, inform the tenant that State law requires the installation of window guards unless the tenant indicates in writing not to install window guards.
(b) [The owner, lessor, unit owners' association, agent or other person who manages or controls the common areas of a multiple dwelling shall cause to be delivered to each dwelling unit, twice annually, a notice, in form and manner prescribed by the commissioner, advising occupants of the obligation of the said owner, lessor, unit owners' association, agent or other person to install child-protection window guards pursuant to section 2 of P.L.1995, c.120 (C.55:13A-7.13). A lease provision notifying a tenant of the availability of window guards may satisfy one of the notice requirements of this subparagraph.] If by March 1 an owner, lessor, agent, or other person who manages or controls a unit of dwelling space in a multiple dwelling who has fully complied with this section has been unable to ascertain the need or desire for window guards in a dwelling unit or units, then the person shall notify, in writing, the Bureau of Housing Inspection in the Department of Community Affairs for the purpose of requesting assistance in regard to further compliance. The written notice shall provide the name and telephone number of the person, inform the bureau of the person's inability to ascertain the need or desire for window guards in the dwelling unit or units, and describe the efforts undertaken by the person to comply with this section.
(3) The owner, lessor, unit owners' association, agent or other person who manages or controls the common areas of a multiple dwelling shall cause to be conspicuously posted and prominently displayed in the common areas of that multiple dwelling a notice advising the occupants of the obligation of the owner, lessor, unit owners' association, agent or other person to install child-protection window guards pursuant to section 2 of P.L.1995, c.120 (C.55:13A-7.13) and advising tenants to check [their] window guards on a regular basis and to report any problems or concerns to the owner, lessor, unit owners' association, agent or other person who manages or controls the dwelling unit or the common areas of the multiple dwelling, as may be applicable.
c. Notwithstanding any municipal ordinance to the contrary, expenditures not exceeding $20 per window guard installed in a dwelling unit that are made pursuant to P.L.1995, c.120 (C.55:13A-7.12 et seq.) may be passed on to the tenant [who requested installation of the window guard]. The commissioner shall adjust the amount per window guard that may be passed on to a tenant pursuant to this subsection no more frequently than once every 36 months, as the commissioner deems appropriate, to reflect the cumulative increases or decreases in the components of the Consumer Price Index, All Urban Consumers (CPI-U) for the Northeast Region, and the adjusted amount shall apply to window guards installed at least 90 days after the effective date of the adjustment.
(cf: P.L.2006, c.55, s.3)
3. This act shall take effect on the first day of the fourth month next following the date of enactment, except the commissioner may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill would amend the law governing the requirements to install and maintain child-protection window guards. This bill was, unfortunately, motivated by reports of a four-year-old boy who fell to his death through an apartment window that did not have window guards installed. Although current law requires landlords to install window guards upon the request of a tenant of an apartment unit where a child 10 years of age or younger resides, greater protections for small children are necessary. The bill would replace the current "opt-in" system with a system requiring landlords to install window guards in apartments of tenants with children unless the tenant "opts-out" of the window guard requirement.
New Jersey law currently provides that leases must contain a notice advising tenants that, upon written request by the tenant, the owner is required to provide, install, and maintain window guards in dwelling units with children 10 years of age or younger. This bill would require landlords to install window guards in any apartment in which a child 10 years of age or younger resides, and in apartments where the tenant requests window guards, even if a child 10 years of age or younger does not reside in the apartment. However, the bill allows tenants with children to waive the right to have their landlords install window guards in their apartments.
The bill requires landlords to provide each tenant with a form at the time of signing a lease, and annually thereafter, informing the tenant of the landlord's obligation to install and maintain window guards, and of the ability of the tenant to waive the right to have the landlord install window guards in the tenant's apartment. The bill requires the Department of Community Affairs to prepare forms for this purpose in English and Spanish, and to make the forms available on the department's Internet website. Under the bill, if a tenant waives the right to have the landlord install window guards, the tenant can later change his or her mind by providing the landlord a written notice requesting window guards.
Current law requires landlords to inspect window guards at least twice a year to ensure that each window guard remains sound and conforms with legal requirements. The bill specifies that landlords must inspect window guards once between February 1 and May 1 and once between September 1 and December 1.
Current law excepts first floor windows from window guard requirements. The bill would require the installation of window guards in first floor apartment windows unless the window is a required means of egress from the apartment.
The New Jersey window guard law does not currently apply to seasonal rental units. The bill will end that exception. Current law allows a landlord to charge a tenant no more than $20 for each window guard installed in a tenant's apartment. The bill retains the reimbursement provision, however, requires the commissioner to adjust the amount per window guard that may be passed on to a tenant no more frequently than once every 36 months to account for inflation.
