S292

An Act requiring air conditioning in certain residential rental units and amending and supplementing P.L.1967, c.76.

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

1. (New section) a. As used in this section:

“Person with a disability” means the same as the term is defined in section 4 of the “Fair Housing Act,” P.L.1985, c.222 (C.52:27D-304).

“Seasonal rental unit” means either a “timeshare estate” as that term is defined in section 2 of P.L.2006, c.63 (C.45:15-16.51) or 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.

“Senior citizen” means a person 62 years of age or older.

b. The owner of a multiple dwelling, that contains a dwelling unit that is occupied by, or intended to be occupied by, a senior citizen or person with a disability shall supply air conditioning adequate to maintain, or an operational air conditioning system capable of maintaining, a maximum inside temperature, in all habitable rooms, bathrooms, and water closet compartments of the dwelling unit, a temperature of no more than 80 degrees Fahrenheit from May 16 to September 30 of each year. The temperature shall be measured at least one foot away from any surface at the warmest portion of the space subject to regular use by the occupants of any such space.

c. The requirements of subsection b. of this section shall not apply to:

(1) any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); or

(2) seasonal rental units, provided that the unit owner shall have the burden of proving that the unit is a seasonal rental unit.

d. The Department of Community Affairs shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this section.

2. Section 7 of P.L.1967, c.76 (C.55:13A-7) is amended to read as follows:

7. The commissioner shall issue and promulgate, in the manner specified in section 8 of P.L.1967, c.76 (C.55:13A-8), such regulations as the commissioner may deem necessary to assure that any hotel or multiple dwelling will be maintained in such manner as is consistent with, and will protect, the health, safety and welfare of the occupants or intended occupants thereof, or of the public generally.

Any such regulations issued and promulgated by the commissioner pursuant to this section shall provide standards and specifications for such maintenance materials, methods and techniques, fire warning and extinguisher systems, elevator systems, emergency egresses, and such other protective equipment as the commissioner shall deem reasonably necessary to the health, safety and welfare of the occupants or intended occupants of any units of dwelling space in any hotel or multiple dwelling, including but not limited to:

(a) Structural adequacy ratings;

(b) Methods of egress, including fire escapes, outside fireproof stairways, independent stairways, and handrails, railings, brackets, braces and landing platforms thereon, additional stairways, and treads, winders, and risers thereof, entrances and ramps;

(d) Garbage and refuse collection and disposal, cleaning and janitorial services, repairs, and extermination services;

(e) Electrical wiring and outlets, and paints and the composition thereof;

(f) Doors, and the manner of opening thereof;

(g) Transoms, windows, shafts and beams;

(h) Chimneys, flues and central heating units;

(i) Roofing and siding materials;

(j) Lots, yards, courts and garages, including the size and location thereof;

(k) Intakes, open ducts, offsets and recesses;

(l) Windows, including the size and height thereof;

(m) Rooms, including the area and height thereof, and the permissible number of occupants thereof;

(n) Stairwells, skylights and alcoves;

(o) Public halls, including the lighting and ventilation thereof;

(p) Accessory passages to rooms;

(q) Cellars, drainage and air space;

(r) Water-closets, bathrooms and sinks;

(s) Water connections, including the provision of drinking and hot and cold running water;

(t) Sewer connections, privies, cesspools, and private sewers;

(u) Rain water and drainage conductors;

(v) Entrances and ramps; [and]

(w) Presence of lead-based paint hazards in multiple dwellings and in single-family and two-family dwellings, exclusive of owner-occupied dwelling units, subject to P.L.2003, c.311 (C.52:27D-437.1 et al.). In a common interest community, any inspection fee for and violation found within a unit which is solely related to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit; and

(x) Air conditioning systems, for dwelling units in which an air conditioning system is installed, including a requirement that from May 16 to September 30 of each year the air conditioning system is operational and capable of maintaining, in every unit of dwelling space and every habitable room in those dwelling units, a temperature of no more than 80 degrees Fahrenheit, measured at least one foot away from any surface at the warmest portion of the space subject to regular use by the occupants of any such space.

(cf: P.L.2007, c.251, s.5)

3. This act shall take effect on the first day of the third month next following the date of enactment, except that the Commissioner of Community Affairs shall be permitted to take anticipatory action necessary to effectuate the provisions of this act.

STATEMENT

This bill requires owners of certain residential rental units to provide for air conditioning or operational air conditioning systems, under certain circumstances.

First, the bill requires air conditioning or operational air conditioning systems to be available and the temperature maintained at no more than 80 degrees Fahrenheit in multiple dwelling units that are occupied by or intended to be occupied by a senior citizen or person with a disability between May 16 and September 30 of each year. This requirement would not apply to seasonal rental units or to any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

Additionally, the bill requires the Commissioner of Community Affairs to promulgate standards for air conditioning systems in other dwelling units that have an air conditioning system installed. In those dwelling units the bill requires that, from May 16 to September 30 of each year, the air conditioning system is to be operational and capable of maintaining, in every unit of dwelling space and every habitable room, a temperature of no more than 80 degrees Fahrenheit. The standards promulgated pursuant to the bill would apply to any multiple dwelling unit.