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A1390
ASSEMBLY, No. 1390
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
���� "Sebastien's Law"; revises certain
requirements for window guards in certain multiple dwellings.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning window guards in certain multiple
dwellings and amending P.L.1995, c.120.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section)� P.L.���
c.��� (pending before the Legislature as this bill) shall be known and may be
cited as �Sebastien�s Law.�
���� 2.��� Section 7 of P.L.2006,
c.55 (C.55:13A-7.12a) is amended to read as follows:
���� 7.��� P.L.1995, c.120
(C.55:13A-7.12 et seq.) shall be known and may be cited as the "Robert E.
Dwight, Jr., Raquan Ellis
[
and
]
,
Zahir
Atkins
, and Sebastien Manzalaoui
Memorial Child-Protection Window Guard
Law."
(cf: P.L.2006, c.55, s.7)
���� 3.��� Section 2 of P.L.1995,
c.120 (C.55:13A-7.13) is amended to read as follows:
���� 2.� a.� (1)� Except as
provided in subsection b. of this section, the owner, lessor, agent or other
person who manages or controls a multiple dwelling, other than a multiple
dwelling which is part of a common interest community, shall,
[
upon the
written request of a tenant of
]
in
a unit in which a child or children 10 years of age or under reside
or will reside or are regularly present for a substantial period of time,
provide, install
,
and maintain approved child-protection window guards
on the windows of the dwelling unit and
, upon written request of a tenant,
on any windows in the
[
public
halls
]
common areas
of a multiple dwelling in which any child or children of
such age reside or are regularly present for a substantial period of time.
���� (2)� (a)� Except as provided
in subsection b. of this section, the owner, lessor, agent or other person who
controls a unit of dwelling space in a multiple dwelling within a common
interest community,
[
upon
the written request of a tenant of
]
in
a unit in which a child or children 10 years of age or under reside
or will reside or are regularly present for a substantial period of time, shall
provide, install and maintain child-protection window guards on the windows of
the unit.
���� (b)�� The owner, lessor, agent
or other person who controls a unit of dwelling space in a multiple dwelling
within a common interest community shall provide written notice to the unit
owners' association whenever a tenant of a unit, in which a child or children
10 years of age or under reside or will reside or are regularly present for a
substantial period of time, has requested that child-protection window guards
be installed on the windows in the common areas of the common interest
community.
���� (3)� (a)� Except as provided
in subsection b. of this section, upon the written request of an owner or an
occupant of a dwelling unit of a multiple dwelling within a common interest
community, in which dwelling unit a child or children 10 years of age or under
reside or will reside or are regularly present for a substantial period of
time, the unit owners' association shall install and maintain child-protection
window guards on the windows which are determined to be in common areas of the
community property and maintained by the association.
���� (b)�� A unit owners'
association shall not adopt or seek to enforce any restrictions or
architectural controls which would prohibit or impede the installation of a
window guard in compliance with P.L.1995, c.120 (C.55:13A-7.12 et seq.).
���� b.� (1)� The requirements of
subsection a. of this section shall apply to all windows, except those windows
which give access to a fire escape, which are not designed to open, or which
are on the first floor; provided, however, that the requirements of subsection
a. of this section shall apply to first floor windows in such circumstances as
the commissioner may provide by rule.
���� (2)�� The requirements of
subsection a. of this section shall not apply to seasonal rental units.�
"Seasonal rental unit" means 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, but shall not include use or rental of living
quarters by migrant, temporary or seasonal workers in connection with any work
or place where work is being performed.� The owner, lessor, agent or other
person who controls a dwelling unit shall have the burden of proving that the
rental is seasonal.
����
(3)�� (a)� The requirements
of subsection a. of this section shall not apply to a unit of dwelling space
during the period of time the unit is occupied by a tenant who has waived, in
writing, the right to have the owner, lessor, agent, or other person who
controls the unit of dwelling space provide, install, and maintain
child-protection window guards.
����
(b)� A tenant who has
waived the right to have the owner, lessor, agent, or other person who controls
the unit of dwelling space provide, install, and maintain child-protection
window guards may rescind the waiver by delivering a written notice to the owner,
lessor, agent, or other person who controls the unit of dwelling space
requesting the installation of window guards.
����
(c)� A written waiver by
the tenant pursuant to subparagraph (a) of this paragraph, or rescission of the
written waiver pursuant to subparagraph (b) of this paragraph, shall not: be
considered as part of, nor constitute a condition of, any lease or other
agreement between the landlord and tenant, and the rescission of the waiver
pursuant to subparagraph (b) of this paragraph shall not constitute breach or
grounds for termination of the lease or other agreement between the landlord
and tenant.
���� c.���� Any child-protection
window guard installed pursuant to P.L.1995, c.120 (C.55:13A-7.12 et seq.)
shall conform to the requirements of the State Uniform Construction Code with
respect to means of emergency egress, and a window guard installed on an
emergency egress window shall be releasable or removable from the inside
without use of a key, tool or excessive force.� Window guards installed on all
other windows shall be designed, constructed, and installed so that they may
not deliberately or through accident, ignorance or inadvertence, be removed,
opened, or dislodged without the use of a key or tool.
���� d.� (1)� Upon installation of
a child-protection window guard in a dwelling unit, and annually thereafter,
the owner, lessor, agent or other person who manages and controls that dwelling
unit shall provide the tenant with an orientation concerning the safe use and
manipulation of window guards in accordance with guidelines established by the
Commissioner of Community Affairs pursuant to section 5 of P.L.1995, c.120
(C.55:13A-7.16).
���� (2)�� Upon installation of a
child-protection window guard in the common areas of a multiple dwelling, and
annually thereafter, the owner, lessor, unit owners' association, agent or
other person who manages and controls the common areas of the multiple dwelling
shall provide the occupants of the multiple dwelling with an orientation
concerning the safe use and manipulation of window guards in accordance with
guidelines established by the Commissioner of Community Affairs pursuant to
section 5 of P.L.1995, c.120 (C.55:13A-7.16).
���� e.����
[
At least twice
annually
]
(1)� Semi-annually, once between February 1 and May 1 and once between
September 1 and December 1
, the owner, lessor, unit owners' association,
agent or other person who manages and controls a unit of dwelling space in a
multiple dwelling, the common areas of the multiple dwelling, or both, in which
child protection window guards have been installed, shall inspect each
[
such
]
window guard
under their control to ensure that
[
it
]
each
window guard
remains sound and in conformance with the provisions of
P.L.1995, c.120 (C.55:13A-7.12 et seq.)
[
, and
]
.
����
(2)� The owner, lessor,
unit owners' association, agent, or other person who manages and controls a
unit of dwelling space in a multiple dwelling, the common areas of the multiple
dwelling, or both,
shall enter a record of
[
such
]
each
inspection in a log,
which shall be maintained as a permanent record so long as the window guard
remains installed, and for five years thereafter, and which shall be available
upon request to the department or its duly authorized representative.
���� f.����
(1)
� A tenant or
unit owner may file a complaint with the commissioner for the failure to comply
with the provisions of P.L.1995, c.120 (C.55:13A-7.12 et seq.).� The
commissioner shall investigate complaints within a reasonable time period. The
commissioner may impose penalties authorized under the "Hotel and Multiple
Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.) for violations
concerning the installation of child-protection window guards and may institute
a criminal complaint for a repeat conviction after the imposition of a $5,000
civil penalty for a continuing violation pursuant to section 19 of P.L.1967,
c.76 (C.55:13A-19).
����
(2)� (a)� Failure to provide,
install, or maintain an approved child-protection window guard as required
pursuant to this section shall constitute a nuisance and a condition dangerous
to life and health.
����
(b) �A person required to
provide, install, and maintain an approved child-protection window guard pursuant
to this section shall abate the nuisance and dangerous condition by providing, installing,
and maintaining child-protection window guards as required pursuant to this
section.
����
(c) �If a nuisance or dangerous
condition is found to exist in violation of this section, the department may
order the person or persons obligated to provide, install, and maintain child-protection
window guards to do so. �In the event an order is not complied with within five
days after service of the order, the department may execute the order and shall
be entitled to reimbursement of expenses incurred thereby.
���� g.��� To the extent that a
violation of P.L.1995, c.120 (C.55:13A-7.12 et seq.) has occurred within a
rental unit in a common interest community, such violation shall be noticed to,
and resultant penalties imposed upon, the unit owner of such rental unit and not
the unit owners' association.
���� h.��� To the extent that a
violation of P.L.1995, c.120 (C.55:13A-7.12 et seq.) has occurred within the
common areas of a common interest community, such violation shall be noticed
to, and resultant penalties imposed upon, the unit owners' association.
(cf: P.L.2006, c.55, s.2.)
���� 4.��� Section 3 of P.L.1995,
c.120 (C.55:13A-7.14) is amended to read as follows:
���� 3.��� a.�
(1)
� All
leases offered to tenants in multiple dwellings shall contain
, as a rider to
the lease,
a notice,
[
conspicuously
set forth therein in prominent
]
in the form prepared by the department, informing the tenant of the
requirements concerning the installation of window guards.� The notice shall be
printed in not less than 12 point type, underlined, and, as provided in
paragraph (3) of this subsection, in
boldface type
[
, advising
tenants and prospective tenants of the availability of window guards under P.L.1995,
c.120 (C.55:13A-7.12 et seq.) and the need for a tenant to request in writing
the installation of window guards.� In the case of a cooperative, as defined in
P.L.1987, c.381 (C.46:8D-1 et seq.), formed prior to the effective date of
P.L.2006, c.55 (C.55:13A-7.12a et al.), the notice required by this subsection
shall not be required in proprietary leases
]
.�
����
(2)� The notice shall be
separately signed and dated by the tenant who signed the lease indicating
clearly whether a child 10 years of age or under is, or will be, residing in
the leased premises.�
����
(3)� The department shall
prepare forms of the notice required pursuant to this subsection in English and
in Spanish, and make the forms available on the department�s Internet website
for download and printing.� The notice forms shall provide the following
content:
WINDOW
GUARDS REQUIREMENT
LEASE
NOTICE TO TENANT
If a child 10 years of age or
younger lives or will live in your apartment or rental unit, you are required
by law to have window guards installed or indicate in writing that you do not
want window guards installed.
Your Landlord is required by
law to install window guards in your apartment or rental unit:
�
If you ask your landlord to put in window guards
at any time (you do not need to give a reason)
����
OR
�
If a child 10 years of age or younger lives or
will live in your apartment or rental unit, unless you indicate in writing that
you do not want window guards installed.
It is a violation of law
to interfere with installation of window guards or remove window guards
yourself.
CHECK ONE
□
A CHILD 10 YEARS OF AGE OR
YOUNGER LIVES OR WILL LIVE IN MY APARTMENT OR RENTAL UNIT AND I WANT WINDOW
GUARDS
□
A CHILD 10 YEARS OF AGE OR
YOUNGER LIVES OR WILL LIVE IN MY APARTMENT OR RENTAL UNIT AND I DO NOT WANT
WINDOW GUARDS
□
NO CHILDREN 10 YEARS OF AGE OR
YOUNGER LIVE IN MY APARTMENT OR RENTAL UNIT AND I WANT WINDOW GUARDS
□
NO CHILDREN 10 YEARS OF AGE OR
YOUNGER LIVE IN MY APARTMENT OR RENTAL UNIT AND I DO NOT WANT WINDOW GUARDS
________________
TENANT (PRINT)
____________________
�������������������
______
TENANT SIGNATURE
������������������
DATE
______________�������
Tenant�s Address
FOR FURTHER INFORMATION CALL:
New Jersey Department of
Community Affairs
Bureau of Housing Inspection
101 South Broad Street
PO Box 810
Trenton, New Jersey 08625-0800
609-633-6216
���� b.��� (1)�
[
At the time of
lease signing
]
(a)� Except as otherwise provided in subparagraph (c) of this paragraph, each
year, no earlier than January 1 and no later than January 16, and within 30
days of a change in occupancy not involving a written lease
, the owner,
lessor, agent
,
or other person who manages or controls a unit of
dwelling space in a multiple dwelling shall
[
verbally
inform the tenant of the tenant's right to request the installation of window
guards under P.L.1995, c.120 (C.55:13A-7.12 et seq.).� Verification that this
verbal notice was provided and understood shall be set forth in a written
document, aside from the lease document itself, which written document shall
acknowledge that the tenant was made aware of the right to request the
installation of window guards and which shall be signed by both the tenant and
the owner, lessor, agent or other person who manages or controls the unit of
dwelling space
]
deliver to each dwelling unit a notice, in the
form prepared by the department pursuant to this paragraph, informing the
tenant of the requirements concerning the installation of window guards.�
����
(b)�� The
notice shall be printed in not less than 12 point type, underlined, and, as
provided in subparagraph (d) of this paragraph, in boldface type
.�
The owner, lessor, agent, or other person who manages or
controls a unit of dwelling space in a multiple dwelling shall deliver the
notice by:
����
(i)�
first-class mail addressed to the tenant at the dwelling unit;
����
(ii)�
hand delivery to the tenant at the dwelling unit;
����
(iii)�
enclosure with the rent bill, in which case, the notice shall be delivered at
the time the rent bill for the month of January is delivered; or
����
(iv)�
electronic means, if the applicable written lease provides that the owner,
lessor, agent, or other person who manages or controls a unit of dwelling space
in a multiple dwelling may deliver official notices to the tenant by electronic
means.
����
(c)�� The
owner, lessor, agent, or other person who manages or controls a unit of
dwelling space in a multiple dwelling shall not be required to deliver the
notice required pursuant to this paragraph to a tenant if the tenant has signed
and dated the notice required pursuant to subsection a. of this section on or
after August 1 of the immediately previous year.
����
(d)��
The
department shall prepare forms of the notice required pursuant to this
subsection in English and in Spanish, and make the forms available on the
department�s Internet website for download and printing. �The notice forms
shall provide the following content:
DEPARTMENT
OF COMMUNITY AFFAIRS
STATE
OF NEW JERSEY
NOTICE
TO TENANT OR OCCUPANT
Annual Notice � Window
Guards
New Jersey
law requires that tenants living in buildings with three or more apartments or
rental units complete this form and return it to their landlord before
February
15
, each year. �
If you do not return this form, your landlord is
required to go to your apartment or rental unit and ask you to complete and
return this form.
By
law
, your landlord is required to install
window guards in your apartment or rental unit if a child 10 years of age or
younger lives or will live in your apartment or rental unit, unless you
indicate in writing that you do not want window guards installed.
By
law
, your landlord must install
window guards in your apartment if you request them, even if no children live
with you.��
�
It is against the law
to interfere with
installation of window guards, or remove window guards yourself. �Air
conditioners in windows are required to be securely installed.
� Window guards are required to be installed so there is no
space greater than four inches above or below the guard, on the side of the
guard, or between the bars.
� ONLY windows that open to fire escapes, and one window in
each first floor apartment which is an emergency exit from the apartment, are
legally exempt from this requirement.
Please
check all boxes that apply:
A
child 10 years of age or younger lives or will live in my apartment or rental
unit and:
□
� Window guards are
installed in all windows as required.
�
□
� Window guards need
repair.
�
□
� Window guards are NOT
installed in all windows as required.
□
� I do not want window
guards installed.
No
children 10 years of age or younger live in my apartment or rental unit and:
□
� I want window guards
installed.
□
� I have window guards,
but they need repair.
Tenant's
Name:
(Print)(Address/Apt.
No.)
Date:
(Signature)
RETURN
THIS FORM TO (NAME AND ADDRESS OF
OWNER
OR MANAGING AGENT)
FOR
FURTHER INFORMATION CALL:
New Jersey Department of
Community Affairs
Bureau of Housing Inspection
101
South Broad Street
PO Box
810
Trenton,
New Jersey 08625-0800
(609)
633-6216���
���� (2)� (a)�
[
The owner,
lessor, agent or other person who manages or controls a multiple dwelling unit
or a rental unit within a common interest community shall cause to be delivered
to each dwelling unit so managed or controlled, twice annually, a notice, in
form and manner prescribed by the commissioner, advising occupants of the
obligation of the said owner, lessor, agent or other person to install
child-protection window guards pursuant to section 2 of� P.L.1995, c.120
(C.55:13A-7.13).� For the purposes of this section, an owner of a rental unit
located within a common interest community, and not the unit owners'
association, shall be deemed to be the managing agent of that rental unit.� A
lease provision notifying a tenant of the availability of window guards may
satisfy one of the notice requirements of this subparagraph
]
�
If by
February 15th of the year for which the notice was sent, an owner, lessor,
agent, or other person who manages or controls a unit of dwelling space in a
multiple dwelling does not have a written communication signed by the tenant,
and does not otherwise have actual knowledge of the need or desire for window
guards, then the person shall, at a reasonable time, go to the dwelling unit and
ask the tenant whether a child 10 years of age or younger resides or will
reside in the dwelling and if so, inform the tenant that State law requires the
installation of window guards unless the tenant indicates in writing not to
install window guards
.
���� (b)��
[
The owner,
lessor, unit owners' association, agent or other person who manages or controls
the common areas of a multiple dwelling shall cause to be delivered to each
dwelling unit, twice annually, a notice, in form and manner prescribed by the
commissioner, advising occupants of the obligation of the said owner, lessor,
unit owners' association, agent or other person to install child-protection
window guards pursuant to section 2 of P.L.1995, c.120 (C.55:13A-7.13).� A
lease provision notifying a tenant of the availability of window guards may
satisfy one of the notice requirements of this subparagraph
]
�
If by
March 1 an owner, lessor, agent, or other person who manages or controls a unit
of dwelling space in a multiple dwelling who has fully complied with this
section has been unable to ascertain a tenant�s need or desire for window
guards in a dwelling unit or units, then the person shall notify, in writing,
the Bureau of Housing Inspection in the Department of Community Affairs for the
purpose of requesting the department�s assistance in regard to further
compliance. �The written notice shall provide the name and telephone number of
the person, inform the bureau of the person's inability to ascertain the need
or desire for window guards in the dwelling unit or units, and describe the efforts
undertaken by the person to comply with this section
.
���� (3)�� The owner, lessor, unit
owners' association, agent or other person who manages or controls the common
areas of a multiple dwelling shall cause to be conspicuously posted and
prominently displayed in the common areas of that dwelling a notice advising
the occupants of the obligation of the owner, lessor, unit owners' association,
agent or other person to install child-protection window guards pursuant to
section 2 of P.L.1995, c.120 (C.55:13A-7.13) and advising tenants to check
their window guards on a regular basis and to report any problems or concerns
to the owner, lessor, unit owners' association, agent or other person who
manages or controls the multiple dwelling.
���� c.���� Notwithstanding any
municipal ordinance to the contrary, expenditures not exceeding $20 per window
guard installed in a dwelling unit that are made pursuant to� P.L.1995, c.120
(C.55:13A-7.12 et seq.) may be passed on to the� tenant who requested installation
of the window guard.
(cf: P.L.2006, c.55, s.3)
���� 5.� This act shall take effect
on the first day of the sixth 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 P.L.��� , c.���
(pending before the Legislature as this bill.
STATEMENT
���� This bill, entitled
�Sebastien�s Law,� would change the law regarding child-protection window guard
installation from the current opt-in policy, in which a tenant is required to
request that window guards be installed, to an opt-out policy where window guards
are required to be installed unless the tenant specifically waives this
requirement.� The bill is named for seven year old Sebastien Manzalaoui of Fort
Lee, New Jersey, who fell to his death in 2023 due to the absence of window
guards.� This opt-out policy would increase the number of homes fitted with
window guards and the number of children protected from the potentially fatal
dangers of windows without this vital safety provision.
���� �New Jersey law currently
provides that leases are required to contain a notice advising tenants that,
upon written request by the tenant, the owner is required to provide, install,
and maintain window guards in dwelling units with children 10 years of age or
younger.� This bill would require landlords to install window guards in any
dwellings in which a child 10 years of age or younger resides, and in a
dwelling where the tenant requests window guards, even if a child 10 years of
age or younger does not reside in the dwelling.� However, the bill allows
tenants with children to waive the right to have their landlords install window
guards in their apartments or rental units.
���� The bill requires landlords to
provide each tenant with a form at the time of signing a lease, and annually
thereafter, informing the tenant of the landlord�s obligation to install and
maintain window guards, and of the ability of the tenant to waive the right to
have the landlord install window guards in the tenant�s apartment or rental
unit.� The bill requires the Department of Community Affairs to prepare forms
for this purpose in English and Spanish, and to make the forms available on the
department�s Internet website.� The bill also specifies requirements for the
inspection and maintenance of window guards installed pursuant to the bill.
���� While the installation of
window guards on windows in units where a child or children 10 years of age or
under resides or will reside, or are regularly present for a substantial period
of time, would operate under an opt-out policy pursuant to this bill, the
installation of window guards in the windows of common areas, as outlined in
existing law, would continue to operate under an opt-in policy.� The bill also
harmonizes references to common areas.� The bill would also extend the right to
request window guards to all tenants.� However, the opt-out policy would only
apply to tenants with children 10 or under residing or regularly present in the
home.� A tenant who waives the installation of window guards may rescind that
waiver and request that window guards are installed.� The bill specifies,
however, that a written waiver of the window guard requirement, or a rescission
of this waiver, are not to be considered as part of, nor constitute breach or
grounds for termination of the lease or other agreement between the landlord
and tenant.� This change would enhance the protections afforded to children by
ensuring more windows are equipped with window guards.