Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman HAROLD "HAL" J. WIRTHS
District 24 (Morris, Sussex and Warren)
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
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
As introduced.
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 revises the definition of “landlord,” under section 2 of P.L.1993, c.127 (C.40:48-2.12o), to include owners and operators of rooming and boarding houses. This change authorizes a municipality to adopt ordinances to enforce standards of responsible conduct that will apply to such owners and operators.
Section 3 of P.L.1993, c.127 (C.40:48-2.12p) grants a municipality the requisite authority to adopt an ordinance meant 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, under that section of law.
This bill extends a municipality’s ability to curb and discourage this type of irresponsible activity by revising the definition of “landlord” to include owners and operators of rooming and boarding houses. Specifically, this revision authorizes 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 are applied to smaller, non-professionally managed rental properties of less than four units and mobile home owners. This revision will 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 must be adopted with respect to owners and operators of rooming and boarding houses.