SENATE, No. 426

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 

 

Sponsored by:

Senator  STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

Senator  SANDRA B. CUNNINGHAM

District 31 (Hudson)

 

Co-Sponsored by:

Senators Rice, Turner and Stack

 

 

 

 

SYNOPSIS

     Revises definition of "landlord" to include rooming and boarding house owners and operators with regard to ordinances holding landlords to certain standards of responsibility.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Act concerning owners and operators of rooming houses and amending P.L.1993, c.127.

 

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

 

     1.    Section 2 of P.L.1993, c.127 (C.40:48-2.12o) is amended to read as follows:

     2.    As used in this act:

     "Hearing officer" means a person designated pursuant to subsection b. of section 3 of P.L.1993, c.127 (C.40:48-2.12p) to hear and determine proceedings under P.L.1993, c.127 (C.40:48-2.12n et seq.).

     "Landlord" means the person or persons who own or purport to own a building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease which building contains no more than four dwelling units , or is the owner or operator of a rooming house or boarding house, as defined by section 3 of P.L.1979, c.496 (C.55:13B-3).  In the case of a mobile home park, "landlord" shall mean the owner of an individual dwelling unit within the mobile home park.

     "Substantiated complaint" means a complaint which may form the basis for proceedings in accordance with subsection a. of section 4 of P.L.1993, c.127 (C.40:48-2.12q).

(cf:  P.L.2009, c.170, s.2)

 

     2.    This act shall take effect immediately and shall be applicable to ordinances adopted on or after the effective date of this act.

 

 

STATEMENT

 

     This bill would revise the definition of "landlord" for purposes of P.L.1993, c.127 (C.40:48-2.12o et seq.) in order to include owners and operators of rooming and boarding houses.  This would authorize a municipality to adopt ordinances to enforce standards of responsible conduct in a community with respect to these houses.

     Section 3 of P.L.1993, c.127 (C.40:48-2.12p) grants a municipality the authority to adopt an ordinance to curb and discourage occasional excesses arising from irresponsible rentals in an effort to protect a community's interest in preserving peace and tranquility.  Currently, only smaller, non-professionally managed rental properties of less than four units and owners of mobile home units may be the subject of such an ordinance.  This bill extends the

definition of "landlord" in section 2 of P.L.1993, c.127 (C.40:48-2.12o) to include owners and operators of rooming and boarding houses.  Specifically, this revision would authorize the governing body of a municipality to adopt an ordinance holding owners and operators of rooming and boarding houses to the same standards of responsibility as may be required of smaller, non-professionally managed rental properties of less than four units and mobile home owners.

     This revision would not impact the applicability of any existing municipal ordinance.  If a municipality has adopted an ordinance pursuant to section 3 of P.L.1993, c.127 (C.40:48-2.12p), another ordinance would have to be adopted with respect to owners and operators of rooming and boarding houses.