A2518

An Act distinguishing tenant from other hotel or motel occupants and supplementing chapter 42 of Title 2A of the New Jersey Statutes.

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

1. a. For the purposes of this section:

“Minor child” means a child under the age of 18 years but excludes a child residing in a placement funded or approved by the Division of Child Protection and Permanency in the Department of Children and Families pursuant to either a voluntary placement agreement or court order.

“Minor ward” means a minor child for whom a guardian is appointed.

b. For the purposes of determining whether a property owner shall be required to comply with the residential eviction process, and the restrictions on the removal of a tenant established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), in order to remove an occupant of a hotel or motel, the factors provided in this subsection, subject to judicial discretion with respect to any additional facts of the case, shall be considered unless the occupant is prohibited from being considered a tenant pursuant to subsection c. of this section. If the following factors, and any additional facts as determined by judicial review, are generally accurate, shall the occupant of a hotel or motel be considered a tenant, not a transient guest:

(1) the occupant’s stay has lasted for three consecutive months or longer in the same unit;

(2) the occupant has demonstrated an intent to stay for a long period of time through actions that may include, but shall not be limited to, changing their primary address on official government identification such as the guest’s driver’s license or New Jersey non-driver identification card to the hotel or motel address, registering to vote and utilizing the hotel or motel as their legal primary address, or sending the occupant’s children or minor ward to a public school, or any combination of the above;

(3) the owner or operator of the hotel or motel was notified that the occupant intended to be a long-term guest for three months or longer;

(4) the hotel or motel is the occupant’s only place of residence;

(5) the majority of other occupants of the hotel or motel are long-term occupants, and consider the hotel or motel as their primary residence;

(6) the living space of the occupant contains a stove, oven, and refrigerator; and

(7) the occupant has used personal linens, and has done their own housekeeping.

c. Notwithstanding the provisions of subsection b. of this section: (1) an occupant shall be considered a tenant if they are receiving or in the appeals process to receive emergency assistance benefits pursuant to section 8 of P.L.1997, c.14 (C.44:10-51), and the hotel or motel is serving as temporary housing. An occupant shall lose tenant privileges, including the restrictions on the removal of a tenant established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), as provided in subsection b. of this section, if emergency assistance has been denied or exhausted; and

(2) an occupant shall not be considered a tenant, and shall not benefit from the restrictions on the removal of a tenant established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), if the occupant has willfully not provided the owner or operator with information necessary to register the occupant to the unit in which the occupant is assigned. This paragraph shall not apply to an occupant if an owner or operator willfully or negligently fails to collect occupant information necessary to register the occupant to the unit in which the occupant is assigned.

2. This act shall take effect immediately.

STATEMENT

This bill establishes a distinction between residential tenants and transient guests of a hotel or motel for the purpose of determining permitted removal actions. The bill codifies a multi-factor test, reflecting the existing test established by New Jersey courts, to apply in distinguishing between a tenant and a transient guest.

Specifically, in order to remove an occupant of a hotel or motel and determine whether a property owner is required to comply with the residential eviction process, and the restrictions on tenant removal established by the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), the bill requires several factors to be considered, as provided in the bill. If the factors are generally accurate, then the occupant of a hotel or motel is to be considered a tenant, not a transient guest, unless the bill otherwise bars the occupant from being considered a tenant, concerning the lack of registration information, or the denial or expiration of emergency assistance.

The bill also provides that an occupant is to be considered a tenant if they are receiving or in the appeals process to receive emergency assistance pursuant to P.L.1997, c.14 (C.44:10-44 et al.), and the hotel or motel is being used as temporary housing. An occupant is to lose tenant privileges if emergency assistance has been denied or exhausted. The bill provides that if an occupant has willfully not provided the owner or operator with information necessary to register the occupant to the hotel or motel unit, then the occupant is not to be considered a tenant. Lastly, the bill provides that if an owner or operator willfully or negligently fails to collect occupant information necessary to register the occupant to the unit in which the occupant is assigned, the lack of registration is not to affect an occupant’s qualification for tenancy.