STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
SYNOPSIS
Restricts manner in which self-service storage facility owner is permitted to deny occupant access to personal property.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning occupant access to self-service storage facilities and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An owner shall not deny an occupant access to the personal property of the occupant during the times the occupant regularly is entitled to access as set forth in the rental agreement:
(1) except as provided in section 3 of P.L.1983, c.136 (C.2A:44-189); or
(2) unless denial of access is due to recommendation or order of law enforcement, fire personnel, or any other government entity; or any other circumstances beyond the control of the owner.
b. Except as provided in subsection c. of this section, if an occupant is denied access to the occupant’s personal property pursuant to paragraph (2) of subsection a. of this section, the owner shall restore access to the occupant as soon as is practicable. During the period of time in which access is denied, the owner shall not destroy, remove, or otherwise dispose of the personal property of the occupant before the occupant is afforded access to the personal property.
c. An owner shall notify an occupant in writing within seven days of making the determination that the occupant’s personal property has been destroyed or otherwise rendered permanently inaccessible due to fire, flood, or other peril; recommendation or order of law enforcement, fire personnel, or any other government entity; or any other circumstances beyond the control of the owner. The notice shall be delivered in person or sent by verified mail or electronic mail to the last known address of the occupant.
2. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill limits the manner in which an owner of a self-service storage facility may deny an occupant access to the occupant’s personal property.
Under the bill, an owner is prohibited from denying an occupant access to the occupant’s personal property during the times the occupant regularly is entitled to access as set forth in the rental agreement, with two exceptions: (1) if the owner is satisfying a lien on the personal property, pursuant to current law; and (2) if denial of access is due to recommendation or order of law enforcement, fire personnel, or any other government entity; or any other circumstances beyond the control of the owner.
The bill provides that if the denial of access is due to the second exception, the owner would be required to restore access to the occupant as soon as is practicable. During the period of time in which access is denied, the owner would be prohibited from destroying, removing, or otherwise disposing of the personal property before the occupant is afforded access to the personal property.
The bill further provides that an owner would be required to notify an occupant in writing within seven days of making the determination that the occupant’s personal property has been destroyed or otherwise rendered permanently inaccessible due to fire, flood, or other peril; recommendation or order of law enforcement, fire personnel, or any other government entity; or any other circumstances beyond the control of the owner. Under the bill, the notice would be required to be delivered in person or sent by verified mail or electronic mail to the last known address of the occupant.