S4362

An Act concerning residential landlord registration and amending and supplementing P.L.1974, c.50.

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

1. Section 2 of P.L.1974, c.50 (C.46:8-28) is amended to read as follows:

2. Every landlord shall, within 30 days following the effective date of [this act] P.L.1974, c.50 (C.46:8-27 et seq.), or at the time of the creation of the first tenancy in any newly constructed or reconstructed building, file with the clerk of the municipality, or with such other municipal official as is designated by the clerk, in which the residential property is situated, in the case of a one-dwelling unit rental or a two-dwelling unit non-owner occupied premises, or with the Bureau of Housing Inspection in the Department of Community Affairs in the case of a multiple dwelling as defined in section 3 of the "Hotel and Multiple Dwelling [Law"] Law," P.L.1967, c.76 (C.55:13A-3), a certificate of registration on forms prescribed by the Commissioner of Community Affairs, which shall contain the following information:

a. The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. In the case of a partnership the names of all general partners shall be provided;

b. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation;

c. If the address of any record owner is not located in the county in which the premises are located, the name and address of a person who resides in the county in which the premises are located and is authorized to accept notices from a tenant and to issue receipts therefor and to accept service of process on behalf of the record owner;

d. The name and address of the managing agent of the premises, if any;

e. The name and address, including the dwelling unit, apartment or room number of the superintendent, janitor, custodian or other individual employed by the record owner or managing agent to provide regular maintenance service, if any;

f. The name, address and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency;

g. The name and address of every holder of a recorded mortgage on the premises;

h. If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.

i. Proof of property insurance, and the name and contact information of a local property insurance agent employed by the insurer of the property.

(cf: P.L.2003, c.56, s.2)

2. (New section) a. The Department of Community Affairs shall develop and offer training, or approve training conducted by other public or private organizations, concerning standards of habitability, residential lead hazards, residential mold hazards, and tenant rights in the State.

b. Within one year following the effective date of subsection a. of this section or at the time of the creation of the first tenancy in any newly constructed or reconstructed building, and every three years thereafter:

(1) a landlord of a one-dwelling unit rental or a two-dwelling unit non-owner occupied premises shall certify to the clerk of the municipality, or with such other municipal official as may be designated by the clerk, in which the residential property is situated, that the landlord has completed training conducted or approved by the department pursuant to subsection a. of this section; or

(2) a landlord of a multiple dwelling, as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), shall certify to the Bureau of Housing Inspection in the Department of Community Affairs, that the landlord has completed training conducted or approved by the department pursuant to subsection a. of this section.

3. Section 9 of P.L.1974, c.50 (C.46:8-35) is amended to read as follows:

9. Any landlord who shall violate any provision of [this act] P.L.1974, c.50 (C.46:8-27 et seq.) shall be liable to a penalty of not more than $500.00 for each offense, recoverable by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court, Law Division, Special Civil Part in the county or the municipal court of the municipality in which the premises are located shall have jurisdiction to enforce [said] the penalty, and, in the event of multiple or unabated violations, void a registration certificate filed pursuant to section 2 of P.L.1974, c.50 (C.46:8-28).

The Attorney General, the municipality in which the premises are located, or any other person may institute the proceeding; where the municipality or any other person other than the Attorney General institutes the proceeding, a recovered penalty should be remitted by the court to the municipality in which the premises subject to the proceeding are located.

(cf: P.L.1991, c.91, s.458)

4. The Commissioner of Community Affairs may adopt rules and regulations as necessary, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

5. This act shall take effect immediately, except that subsection a. of section 2 of this act shall take effect on the first day of the sixth month next following enactment.

STATEMENT

This bill amends current law requiring residential landlords to file a certificate of registration with the clerk of the municipality or other municipal official, or the Bureau of Housing Inspection (bureau) in the Department of Community Affairs (department), as applicable. The bill requires the registration form to include proof of property insurance and the name and contact information of a local property insurance agent employed by the insurer of the property.

The bill also requires a landlord to certify to the clerk of the municipality or other municipal official, or the bureau, as applicable, that the landlord has completed training conducted or approved by the department concerning standards of habitability, residential lead hazards, residential mold hazards, and tenant rights in the State.

The bill permits the Superior Court, Law Division, Special Civil Part in the county or the municipal court of the municipality in which the premises are located to, in addition to an existing monetary penalty, void a registration certificate filed in the event of multiple or unabated violations.

The bill is to take effect immediately except that the provisions concerning training requirements are to take effect on the first day of the sixth month next following enactment.