Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Clarifies radiator cover requirements for residential landlords.
CURRENT VERSION OF TEXT
As introduced.
An Act clarifying radiator cover requirements for residential landlords and amending P.L.2021, c.259.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
Section 1 of P.L.2021, c.259 (C.52:27D-198.20) is amended to read as follows:
1. a. Within 90 days of the receipt of a written request by a tenant, an owner of a residential rental property shall [cover] equip each [steam] radiator, that is capable of reaching a surface temperature greater than 110 degrees Fahrenheit, in the tenant's unit with [an insulating material] a durable guard or cover that protects tenants, occupants, and other persons on the premises from receiving burns due to contact with the radiator.
b. The owner of a residential rental property that contains uncovered [steam] radiators shall provide each tenant with notice of their right to request that the landlord provide and install [insulating materials] durable guards or covers pursuant to subsection a. of this section. Such notice shall be provided as a rider to any written residential lease agreement and in writing at least annually. A copy of this notice shall be maintained in a conspicuous location in the common area where notices are regularly provided to tenants.
c. An owner who leases any property subject to the requirements of subsection a. of this section in violation of the requirements of this section shall be subject to a fine [of not more than $500], which may be collected and enforced [by the enforcing agency by summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.)] pursuant to section 19 of P.L.1983, c.383 (C.52:27D-210).
d. A tenant, occupant, or other person on the premises who sustains an injury as a result of the failure of an owner to comply with the requirements of subsection a. of this section may bring an action in any court of competent jurisdiction for any appropriate legal or equitable relief.
(cf: P.L.2021, c.259, s.1)
2. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill clarifies radiator cover requirements for residential landlords. The bill removes the reference to steam radiators and instead requires the provisions of N.J.S.A.52:27D-198.20 to apply to all types of radiators with a surface temperature greater than 110 degrees Fahrenheit. The bill also requires that radiators be equipped with a cover or durable guard, rather than insulating materials. Finally, the bill would remove the specific monetary penalty amount from N.J.S.A.52:27D-198.20 and provide that owners of property who are in violation of the law may be assessed a fine pursuant to N.J.S.A.52:27D-210, section 19 of the "Uniform Fire Safety Act."