S4843

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. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill):

“Commissioner” means the Commissioner of Community Affairs.

“Department” means the Department of Community Affairs.

“Expedited judicial proceeding” means a summary judicial proceeding to be conducted by the Superior Court for the purpose of determining whether the removal of a transient guest from a hotel or motel is authorized pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), with authority to issue an order of removal, enforceable by law enforcement.

“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.

"State or federal tenant-based housing subsidy" means a tenant-based subsidy, enabled pursuant to a State or federal tenant-based housing program, administered by the department of other State agency, and available to low- or moderate-income households, including but not limited to section 3 of P.L.2004, c.140 (C.52:27D-287.3), commonly known as the State rental assistance program, the federal section 8 Housing Choice Voucher Program, or emergency assistance benefits pursuant to section 8 of P.L.1997, c.14 (C.44:10-51). A "State or federal tenant-based housing subsidy" shall include a subsidy issued through a housing authority.

“Temporary assisted housing occupant” means a household that is assisted by a State or federal tenant-based housing subsidy.

“Transient guest” means an individual occupying a room or lodging unit in a hotel or motel for temporary lodging purposes who:

(1) has not established the hotel or motel as the individual's primary residence;

(2) occupies the room pursuant to a daily, weekly, or other short-term lodging arrangement;

(3) retains the right to occupy the room only so long as the applicable lodging charges are paid and the rules of the establishment are observed; and

(4) has not otherwise been determined to be a tenant pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. a. 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 b. of this section.

(1) If the following factors, and any additional facts as determined by judicial review, are generally accurate, the occupant of a hotel or motel shall be considered a tenant, not a transient guest:

(a) 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, remaining for three consecutive months or longer in the same unit, 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;

(b) 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;

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

(e) the owner or operator has received regular payments of rent, or other compensation, in exchange for the occupant’s exclusive possession of the living space.

(2) If an occupant of a hotel or motel cannot be definitively identified as a tenant or transient guest following consideration of the factors established pursuant to paragraph (1) of this subsection, then the following factors shall be considered, and if generally accurate, the occupant of a hotel or motel shall be considered a tenant, not a transient guest if:

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

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

b. (1) Notwithstanding the provisions of subsection a. of this section, 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) The commissioner, pursuant to the rules and regulations adopted pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall establish protections to ensure that an occupant:

(a) who lacks conventional forms of identification as a result of barriers related to homelessness is not automatically considered to be in violation of paragraph (1) of this subsection; and

(b) is provided with a reasonable opportunity to cure registration deficiencies before an owner or operator considers the occupant to be in violation of paragraph (1) of this subsection.

c. An individual shall not cease to be considered a transient guest solely by reason of the length of occupancy. An individual who has occupied a hotel or motel continuously for fewer than 90 days shall be presumed to be a transient guest unless the individual establishes, by a preponderance of the evidence, that the individual has otherwise acquired tenant status pursuant to the provisions of this section. The provisions of this subsection shall not preclude a court from considering the totality of the circumstances in determining whether an individual has acquired tenant status.

3. The Administrative Director of the Courts shall establish an expedited eviction process within the Superior Court for the removal of an occupant of a hotel or motel in instances when, pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the restrictions established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.) are required, and when an occupant has:

a. engaged in credible threats of violence, or actual violent behavior, that are likely to provide other occupants with a reasonable apprehension of the actions of the occupant;

b. willfully caused or allowed destruction, damage or injury to the premises, as long as reasonable documentation standards are satisfied; or

c. criminal activity in violation of subsection n., o., p., q., or r. of section 2 of P.L.1974, c.49 (C.2A:18-61.1).

4. a. In addition to other process requirements for the removal of an occupant of a hotel or motel, if the occupant qualifies as a tenant or temporary assisted housing occupant pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the owner or operator intends to remove the occupant for a non-threatening violation, the owner or operator shall, prior to removal, provide the occupant with written notice and an opportunity to cure of no less than 72 hours following receipt of the written notice. The notice and cure requirements of this subsection shall apply only to an occupant determined to be a tenant or temporary assisted housing occupant, and shall not apply to a transient guest whose occupancy is governed by a daily or short-term lodging arrangement.

b. The commissioner shall provide guidance, through the rules and regulations adopted pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), on what actions shall constitute a non-threatening violation.

5. a. The provisions of subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), as used to determine whether a hotel or motel occupant is a tenant or a transient guest for the purposes of the residential eviction process, shall apply regardless of whether or not a tenant is a temporary assisted housing occupant.

b. The owner or operator of a hotel or motel may remove a temporary assisted housing occupant following the expiration of a State or federal tenant-based housing subsidy if the owner or operator provides the temporary assisted housing occupant with written notice, and an opportunity to provide payment to extend the stay, of no less than five days following receipt of the written notice, prior to removal. A temporary assisted housing occupant shall receive not less than five days written notice of termination of placement arising from the expiration, denial, or cessation of a State or federal tenant-based housing subsidy. During such notice period, the placing agency shall remain responsible for payment pursuant to the applicable placement agreement.

c. The commissioner, pursuant to the rules and regulations adopted pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall require the department, or other State agency that is administering a State or federal tenant-based subsidy in support of a temporary assisted housing occupant, to comply with the following requirements:

(1) 24-hour availability to respond to inquiries from the owner or operator;

(2) the designation of a case manager for each temporary assisted housing occupant residing in a hotel or motel;

(3) relocation planning assistance in advance of the termination of a subsidy;

(4) documentation of when a subsidy terminates, and record preservation of each subsidy termination for no less than 10 years; and

(5) responsibility to financially compensate the owner or operator in the event that a temporary assisted housing occupant is not immediately relocated following the termination of a subsidy.

d. The provisions of this section shall not require an administering agency to:

(1) provide a reimbursement of more than the reasonable lodging costs incurred during the notice period following the expiration or termination of the temporary housing assistance or placement if the administering agency has not secured alternative placement for the temporary assisted housing occupant before the expiration of the notice period; or

(2) provide a reimbursement if the administering agency is not the same administering agency that funded or authorized the hotel or motel placement immediately preceding the expiration or termination of assistance.

6. a. Regardless of whether an occupant of a hotel or motel qualifies as a tenant or transient guest pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the owner or operator shall not engage in a self-help lockout of the occupant.

b. The commissioner shall establish, in consultation with the Attorney General, through the adoption of rules and regulations pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill):

(1) guidance on the actions that shall constitute a self-help lockout in violation of subsection a. of this section, which actions shall include, but shall not be limited to lock changes, utility shut-offs, and the removal of belongings without legal process; and

(2) an expedited judicial proceeding for the purpose of removing a transient guest from a hotel or motel.

c. If a temporary assisted housing occupant remains in a hotel or motel beyond the statutory notice period solely because an expedited judicial proceeding required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) remains pending, the administering agency that funded or authorized the placement immediately preceding the expiration or termination of assistance shall continue to reimburse the owner or operator at the otherwise applicable program rate until the earliest of: (1) entry of an order authorizing removal; (2) relocation of the occupant to alternative housing; or (3) voluntary departure of the occupant.

7. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Community Affairs, in consultation with the Attorney General and the Administrative Director of the Courts, shall adopt rules and regulations to effectuate P.L. , c. (C. ) (pending before the Legislature as this bill) on or before the first day of the fourth month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).

8. This act shall take effect on the first day of the fourth month next following enactment, except that the Commissioner of Community Affairs and the Administrative Director of the Courts may take anticipatory action necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

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, similar to the existing test established by New Jersey courts, to apply in distinguishing between a tenant and a transient guest, as defined in the bill. The bill also establishes the concept of a “temporary assisted housing occupant,” defined in the bill to include households assisted by certain State or federal housing subsidies, and which may fall into the category of tenants or transient guests based on the application of the test.

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. The bill expressly provides that a person is not to be considered a tenant, as opposed to a transient guest, solely due to their length of occupancy.

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. The bill directs the Commissioner of Community Affairs (commissioner) to adopt rules and regulations to establish protections ensuring that occupants have a reasonable opportunity to cure registration deficiencies, and that an occupant who lacks conventional forms of identification as a result of barriers related to homelessness is not automatically considered to be in violation of this requirement. The bill also 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.

The bill requires the Administrative Director of the Courts to establish an expedited eviction process within the Superior Court for the removal of an occupant of a hotel or motel in instances when the restrictions of the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.) are required, and when an occupant has:

· engaged in certain violent behavior;

· willfully caused or allowed destruction, damage or injury to the premises; or

· engaged in certain criminal activities.

The bill provides that, if the owner or operator intends to remove a tenant or temporary assisted housing occupant for a non-threatening violation, the owner or operator is required to, in addition to any other preconditions required for removal, provide the occupant with written notice and an opportunity to cure of no less than 72 hours following receipt of the written notice.

The bill provides that the owner or operator of a hotel or motel may remove a temporary assisted housing occupant following the expiration of the temporary assisted housing occupant’s housing subsidy if the owner or operator provides written notice, and an opportunity to provide payment to extend the stay, of no less than five days. The bill requires the Department of Community Affairs (DCA), or other State agency administering the occupant’s subsidy, to provide:

· 24-hour availability to respond to certain inquiries;

· the designation of a case manager for each temporary assisted housing occupant;

· relocation planning assistance;

· documentation of when a subsidy terminates; and

· responsibility to financially compensate the owner or operator in the event that a temporary assisted housing occupant is not immediately relocated following the termination of a subsidy.

Regardless of whether an occupant of a hotel or motel qualifies as a tenant or transient guest, the bill prohibits the owner or operator from engaging in a self-help lockout. The bill directs the commissioner to establish, in consultation with the Attorney General, to establish:

· guidance on the actions that are to constitute a prohibited self-help lockout, including but not limited to, lock changes, utility shut-offs, and the removal of belongings without legal process; and

· an expedited judicial proceeding, as defined in the bill, for the purpose of removing a transient guest from a hotel or motel.

The bill directs the commissioner, in consultation with the Attorney General and the Administrative Director of the Courts, to adopt rules and regulations to effectuate the provisions of the bill on or before the first day of the fourth month following enactment. The bill is to take effect on the first day of the fourth month following enactment.