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A2134
ASSEMBLY, No. 2134
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywoman Speight
SYNOPSIS
���� Concerns protection of tenants displaced by fire.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning protection of
tenants displaced due
to fire and amending P.L.1971, c.362 and P.L.1981, c.491
.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 3 of P.L.1971,
c.362 (C.20:4-3) is amended to read as follows:
���� As used in this act the term:
���� a.�� "Taking
agency"� means the entity, public or private, including the State of New
Jersey, which is condemning private property for a public purpose under the
power of eminent domain.
���� b.�� "Person" means
any individual, partnership, corporation, or association.
���� c.�� "Displaced
person" means any person who, on or after the effective date of this act,
moves from real property, or moves
[
his
]
their
personal property from real property, as a result of the acquisition of such
real property, in whole or in part, or as the result of the written order of
the acquiring agency to vacate real property, for a program or project
undertaken by a taking agency; and
:
����
(1)
� solely for the
purposes of sections 4 a. and b. and section 7 of this act, as a result of the
acquisition of or as the result of the written order of the acquiring agency to
vacate other real property, on which such person conducts a� business or farm operation,
for such program or project
; and
����
(2) as a result of fire,
damage from which, in the judgement of the housing inspector or other official
charged with equivalent responsibility, renders their rented dwelling
uninhabitable
.
���� d.�� "Business"
means any lawful activity, excepting a farm operation, conducted primarily:
���� (1) for the purchase, sale,
lease and rental of personal and real property,� and for the manufacture,
processing, or marketing of products, commodities, or� any other personal
property;
���� (2) for the sale of services
to the public;
���� (3) by a nonprofit
organization;� or
���� (4) solely for the purposes of
section 4 a. of this act for assisting in the� purchase, sale, resale,
manufacture, processing, or marketing of products,� commodities, personal
property, or services by the erection and maintenance of� an outdoor advertising
display or displays, whether or not such display or� displays are located on
the premises on which any of the above activities are� conducted.
���� e.�� "Farm
operation" means any activity conducted solely or primarily for� the
production of one or more agricultural products or commodities, including�
timber, for sale or home use, and customarily producing such products or�
commodities in sufficient quantity to be capable of contributing materially to�
the operator's support.
���� f.�
[
The term�
"commissioner"� shall mean
]
"Commissioner" means
the Commissioner of
[
the
Department� of
]
Community Affairs.
(cf: P.L.1971, c.362, s.3)
���� 2.� Section 1 of P.L.1981,
c.491 (C.20:4-3.1) is amended to read as follows:
����
[
A municipality may provide by
resolution that
]
a.� Where not mandated by municipal resolution, and
where a tenant
[
residing in a
structure of two dwelling units or more,
]
is displaced from
[
his
]
their
dwelling by fire
[
or
other emergency
]
,
and the damage resulting from the fire
[
or
other emergency
]
in the judgment of the housing inspector or other official charged with
equivalent responsibility is such as to render the dwelling uninhabitable, the
tenant shall be deemed a displaced person under the "Relocation Assistance
Act
,
"
P.L.1971, c.362 (C.20:4-1 et seq.),
and shall be
eligible for relocation assistance as afforded persons� displaced as a result
of code enforcement activities.
[
State
appropriations of relocation assistance shall not be used for this purpose
unless specifically permitted by language in the annual appropriations act.
]
����
b.� A municipality may
provide by resolution that where a tenant residing in a structure of two
dwelling units or more, is displaced from their dwelling by other emergency,
and the damage resulting from the emergency in the judgment of the housing
inspector or other official charged with equivalent responsibility is such as
to render the dwelling uninhabitable, the tenant shall be deemed a displaced
person under the "Relocation Assistance Act," P.L.1971, c.362
(C.20:4-1 et seq.), and shall be eligible for relocation assistance as afforded
persons� displaced as a result of code enforcement activities. �State
appropriations of relocation assistance shall not be used for this purpose
unless specifically permitted by language in the annual appropriations act.
����
c.� A tenant who is
displaced from their dwelling by fire shall have a right of first refusal to
return again to such dwelling unit as a tenant upon determination by the housing
inspector, or other official charged with equivalent responsibility, that
repairs on the dwelling unit are complete and that the dwelling unit was
restored with amenities equal to or better than before the fire took place.� A
tenant unlawfully denied such right of first refusal to return to such a
dwelling unit shall have a cause of action in any court of competent
jurisdiction for compensatory damages or declaratory and injunctive relief as
the court deems necessary in the interests of justice, provided that such
compensatory relief shall not exceed the annualized rental charges applicable
to the dwelling unit immediately prior to the fire.
����
d.� A tenant who is
displaced from their dwelling by fire may apply to the Department of Community
Affairs to establish reduced rent for the vacated apartment at one dollar per
month or another nominal amount.� If the department establishes such nominal rent,
the tenant shall pay such rent to the landlord, without interruption, to
establish and maintain their right of first refusal for the period that the
dwelling unit is uninhabitable.
(cf: P.L.1981, c.491, s.1)
���� 3.� This act shall take effect
immediately.
STATEMENT
���� This bill amends the
Relocation Assistance Act, P.L.1971, c.362 (C.20:4-1 et seq.), to authorize and
provide protections for tenants displaced by fire.� Under current law, a
municipality is authorized to provide by resolution that if a tenant residing
in a structure of two dwelling units or more is displaced from their dwelling
by fire or other emergency, the tenant shall be deemed a displaced person under
the "Relocation Assistance Act" and is to be eligible for relocation assistance
as afforded persons displaced as a result of code enforcement activities.� The
bill establishes that, where not required by municipal resolution, a tenant
displaced by fire is to be deemed a displaced person under the Relocation
Assistance Act.
���� This bill provides that a
tenant displaced by fire is also entitled to the right of first refusal to
return to the dwelling as a tenant when repairs are complete and allows a
tenant to apply to the Department of Community Affairs to establish a reduced rent
on the damaged dwelling for the period that the dwelling unit is uninhabitable
in order to establish and maintain their right of first refusal.� The bill also
establishes a cause of action for a tenant denied a right of first refusal, as
described in the bill.
���� The bill maintains an existing
provision of law that authorizes a municipality to pass a resolution deeming a
tenant displaced due to an emergency other than fire as a displaced person
under the Relocation Assistance Act, but adds to the definition of "displaced
person" a person who moves from real property "as a result of fire,
damage from which, in the judgement of the housing inspector or other official
charged with equivalent responsibility, renders their rented dwelling
uninhabitable."