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A5099
ASSEMBLY, No. 5099
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 18, 2026
Sponsored by:
Assemblyman� CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
���� Modifies certain inspection processes affecting
owners of condominium and cooperative dwelling units.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning inspection process for certain
multiple dwellings, and amending and supplementing P.L.1967, c.76.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 13 of P.L.1967,
c.76 (C.55:13A-13) is amended to read as follows:
���� 13.� (a)� Each multiple
dwelling and each hotel shall be inspected for the purpose of determining the
extent to which each hotel or multiple dwelling complies with the provisions of
P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated hereunder.� The
commissioner shall establish by regulation the frequency of inspections, which
shall be conducted as follows:
���� (1)�� each hotel shall be
inspected at least once every five years; and
���� (2)�� each multiple dwelling
shall be categorized into the following tiers based upon the number of
reinspections required to abate the violations that were served upon the owner
following an initial inspection:
���� (i)��� a multiple dwelling in
which no violations are found or all violations have been abated by the first
reinspection shall be placed in the highest tier and shall next be inspected in
seven years, and the inspection fee shall be due at that time;
���� (ii)�� a multiple dwelling in
which all violations have been abated by the second or third reinspection shall
be placed in the middle tier and shall next be inspected in five years, and the
inspection fee shall be due at that time;
���� (iii)� a multiple dwelling in
which all violations have not been abated by the third reinspection shall be
placed in the lowest tier and shall next be inspected in two years, and the
inspection fee shall be due at that time.
���� (3)�� notwithstanding the
provisions of paragraph (2) of this
[
section
]
subsection
to the contrary, if the commissioner determines that tiered inspection
schedules do not adequately protect the health and safety of residents of
multiple dwellings, the commissioner may, by regulation, require that cyclical
inspections for multiple dwellings occur once every five years.
����
(4)� Notwithstanding the
authority of the commissioner to enter and inspect without notice pursuant to
subsection (b) of section 6 of P.L.1967, c.76 (C.55:13A-6), prior to the
inspection of a multiple dwelling conducted pursuant to paragraph (2) of this
subsection, if the multiple dwelling is held under a condominium or cooperative
form of ownership, the commissioner shall, no less than 30 days and no more
than 180 days in advance of the inspection, issue to the owner a written notice
that shall:
����
(i) �state the date when
the inspection shall occur;
����
(ii)� provide information
on how an owner of a unit within the multiple dwelling may request an alternate
Saturday inspection date pursuant to section 3 of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill); and
����
(iii)� provide information,
pursuant to section 2 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), on the elements of the property that are to be
inspected.�
���� (b)�� Within 30 days of the
most recent inspection, the owner of each hotel shall file with the
commissioner, upon forms provided by the commissioner, an application for a
certificate of inspection.� Said application shall include such information as
the commissioner shall prescribe to enforce the provisions of this law.� Said
application shall be accompanied by a fee as follows: $15 per unit of dwelling
space for the first 20 units of dwelling space in any building or project, $12
per unit of dwelling space for the 21st through 100th unit in any building or
project, $8 per unit of dwelling space for the 101st through 250th unit in any
building or project, and $5 per unit of dwelling space for all units over 250
in any building or project, except that in the case of hotels open and
operating less than six months in each year the fee shall be one-half that
which would otherwise be required, or, as the case may be, the fees established
by rule for each of the foregoing pursuant to subsection (e) of this section.�
A certificate of inspection and the fees therefor shall not be required more
often than once each inspection cycle.
���� Additionally, there shall be
reinspection fees for hotels in the amount of $10 for each dwelling unit
reinspected or, as the case may be, the fees established by rule for each of
the foregoing pursuant to subsection (e) of this section.
���� Within 30 days of the most
recent inspection of any multiple dwelling occupied or intended to be occupied
by three or more persons living independently of each other, the owner of each
such multiple dwelling shall file with the commissioner, upon forms provided by
the commissioner, an application for a certificate of inspection.� Said
application shall include such information as the commissioner shall prescribe
to enforce the provisions of this law.� Said application shall be accompanied
by a fee of $33 per unit of dwelling space for the first 7 units in any
building or project, $21 per unit of dwelling space for the 8th through the
24th unit in any building or project, $18 per unit for the 25th through the
48th unit in any building or project, and $12 per unit of dwelling space for
all units of dwelling space over 48 in any building or project, provided that
the maximum total fee for owner-occupied three-unit multiple dwellings shall be
limited to $65 for owners having a household income that is less than 80
percent of the median income for households of similar size in the county in
which the multiple dwelling is located, and the maximum total fee for
owner-occupied four-unit multiple dwellings shall be limited to $80 for owners
having a household income that is less than 80 percent of the median income for
households of similar size in the county in which the multiple dwelling is
located, or, as the case may be, the fees established by rule for each of the
foregoing pursuant to subsection (e) of this section.� A certificate of
inspection and the fees therefor shall not be required more often than once
each inspection cycle.
���� Additionally, there shall be
reinspection fees for multiple dwellings in the amount of $40 for each dwelling
unit reinspected, or, as the case may be, the fees established by rule pursuant
to subsection (e) of this section, but only after the first reinspection.
���� The commissioner may waive the
inspection fee for any unit upon a finding that the unit has been thoroughly
inspected within the previous 12-month period under a municipal ordinance
requiring inspection upon change of occupancy in accordance with the maintenance
standards established by the commissioner under P.L.1967, c.76 (C.55:13A-1 et
seq.), and has received a municipal certificate of occupancy as a result of
that inspection.
���� If the commissioner finds that
(1) a building has been thoroughly inspected prior to resale since the most
recent inspection in accordance with this section, (2) the inspection prior to
resale was conducted by the municipality in accordance with the maintenance
standards established by the commissioner under P.L.1967, c.76 (C.55:13A-1 et
seq.), and (3) a municipal certificate of occupancy was issued as a result of
that inspection, the commissioner may accept the inspection done prior to
resale in lieu of a current inspection under this section.� If the commissioner
accepts an inspection prior to resale in lieu of a current inspection, no fee
shall be charged for any inspection done by the commissioner within the years
remaining in the applicable inspection cycle after the date of the inspection
so accepted.
���� (c)�� If the commissioner
determines, as a result of the most recent inspection of any hotel or multiple
dwelling as required by subsection (a) of this section, that any hotel or
multiple dwelling complies with the provisions of P.L.1967, c.76 (C.55:13A-1 et
seq.) and regulations promulgated hereunder, then the commissioner shall issue
to the owner thereof, upon receipt of the application and fee as required by
subsection (b) of this section, a certificate of inspection.� Any owner to whom
a certificate of inspection is issued shall keep said certificate posted in a
conspicuous location in the hotel or multiple dwelling to which the certificate
applies.� The certificate of inspection shall be in such form as may be
prescribed by the commissioner.
���� The commissioner may, upon
finding a consistent pattern of compliance with the maintenance standards
established under P.L.1967, c.76 (C.55:13A-1 et seq.) in at least 20 percent of
the units in a building or project, issue a certificate of inspection for the
building or project, in which case the inspection fee shall be charged on the
basis of the number of units inspected.
���� The commissioner may by rule
establish standards for self-inspection by condominium associations exercising
control over buildings of not more than three stories, constructed after 1976,
and certified by the local enforcing agency having jurisdiction as being in
compliance with the Uniform Fire Code promulgated pursuant to P.L.1983, c.383
(C.52:27D-192 et seq.), in which at least 80 percent of the dwelling units are
occupied by the unit owners.� The commissioner shall issue a certificate of
acceptance, which shall be in lieu of a certificate of inspection, upon
acceptance of any such self-inspection and upon payment of a fee of $25.
���� (d) �(1) �If the commissioner
determines, as a result of the most recent inspection of any hotel or multiple
dwelling as required by subsection (a) of this section, that any hotel or
multiple dwelling does not comply with the provisions of P.L.1967, c.76
(C.55:13A-1 et seq.) and regulations promulgated thereunder, then the
commissioner shall issue to the owner thereof a written notice stating the
manner in which any such hotel or multiple dwelling does not comply with
P.L.1967, c.76 (C.55:13A-1 et seq.) or regulations promulgated thereunder.�
Said notice shall fix such date, not less than 60 days nor more than 180 days,
on or before which any such hotel or multiple dwelling must comply with the
provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated
thereunder.� If any such hotel or multiple dwelling is made to comply with the
provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) and regulations promulgated
thereunder on or before the date fixed in said notice, then the commissioner
shall issue to the owner thereof a certificate of inspection as described in
subsection (c) of this section.� If any such hotel or multiple dwelling is not
made to comply with the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) and
regulations promulgated thereunder on or before the date fixed in said notice,
then the commissioner shall not issue to the owner thereof a certificate of
inspection as described in subsection (c) of this section, and shall enforce
the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) against the owner
thereof.
���� (2)�� In addition to complying
with the requirements of paragraph (1) of this subsection, if the commissioner
determines that a violation of P.L.1967, c.76 (C.55:13A-1 et seq.) is a
potentially hazardous violation, then the commissioner shall comply with this paragraph,
and shall immediately send, by certified or ordinary mail, and by electronic
mail, a written notice, stating the manner in which the hotel or multiple
dwelling does not comply with P.L.1967, c.76 (C.55:13A-1 et seq.) or
regulations promulgated thereunder and setting a date upon which the owner
shall be required to address the potentially hazardous violation.� Such notice
shall be sent to:
���� (i)��� The mayor of the
municipality in which the hotel or multiple dwelling is located;
���� (ii)�� The administrator,
business administrator, city manager, township manager, municipal manager, or
other municipal official with executive authority not vested in the mayor of
the municipality in which the hotel or multiple dwelling is located, as is
applicable to the municipality;
���� (iii)� All members of the
governing body of the municipality in which the hotel or multiple dwelling is
located;
���� (iv)� The clerk, public
information officer, or other municipal official responsible for the
distribution of communications to the residents of the municipality, as
applicable to the municipality; and
���� (v)�� The owner and operator
of the hotel or multiple dwelling, including, if applicable, to the property
owner's last known address, as determined through a review of local property
tax and other available records.
���� (3)�� If a notice issued by
the commissioner pursuant to this subsection concerns a potentially hazardous
violation, then, in addition to complying with paragraphs (1) and (2) of this
subsection, the commissioner and the owner and operator of a hotel or multiple
dwelling shall comply with this paragraph, and the commissioner shall include
as a part of the notice, a mailing notification, which shall contain large,
easily readable text, clearly include the date by which the owner shall be
required to address the potentially hazardous violation, and be presented on
distinctly colored paper or other paper that is easily distinguishable from
other notices or communications otherwise sent by the commissioner.
���� (4)�� The owner or operator of
the hotel or multiple dwelling shall address the potentially hazardous
violation prior to the date required by the commissioner in the notice issued
pursuant to paragraphs (2) and (3) of this subsection, and shall notify the
municipality and the department who may conduct an inspection, in the case of
the municipality, or a reinspection, in the case of the department, of the
hotel or multiple dwelling to determine whether the potentially hazardous
violation has been abated.
���� (5)�� If the owner or operator
of the multiple dwelling fails to abate the potentially hazardous violation by
the date ordered by the commissioner, then the owner or operator of the
multiple dwelling shall provide a hard copy of said mailing notification to each
existing resident of the multiple dwelling.� The owner or operator of the
multiple dwelling shall additionally post a copy of the notification in a
conspicuous location in the lobby or common area of the multiple dwelling, in
which the information is most likely to be viewed by residents or guests; and
within 10 feet of the elevator on each floor of the multiple dwelling, or, if
the multiple dwelling does not have an elevator, within 10 feet of, or in, the
main stairwell of each floor.� A notification posted in a common area of the
multiple dwelling, pursuant to this subsection, may be removed only after the
commissioner issues to the owner and operator a certificate of inspection as
described in subsection (c) of this section.� For a hotel room or dwelling unit
impacted by a potentially hazardous violation, the owner or operator of any
hotel or multiple dwelling shall not enter a new lease for non-owner occupancy,
or make available for the same, such unit for such time as the hotel or
multiple dwelling is made to comply with the provisions of P.L.1967, c.76
(C.55:13A-1 et seq.) and regulations promulgated thereunder and the
commissioner has issued to the owner and operator thereof a certificate of
inspection as described in subsection (c) of this section.� An administrator,
business administrator, city manager, township manager, municipal manager, or
other appropriate municipal official of the municipality in which the hotel or
multiple dwelling is located may, in their discretion, verify that the owner or
operator of the multiple dwelling has posted the notification in compliance
with this subsection.
���� (6) Once the owner or operator
of the multiple dwelling abates the potentially hazardous violation, then the
owner or operator of the multiple dwelling shall provide a notification to each
existing resident of the multiple dwelling describing the violation and the
steps taken to address it.� The owner or operator of the multiple dwelling
shall additionally post a copy of the notification in a conspicuous location in
the lobby or common area of the multiple dwelling, in which the information is
most likely to be viewed by residents or guests; and within 10 feet of the
elevator on each floor of the multiple dwelling, or, if the multiple dwelling
does not have an elevator, within 10 feet of, or in, the main stairwell of each
floor.� An administrator, business administrator, city manager, township
manager, municipal manager, or other appropriate municipal official of the
municipality in which the multiple dwelling is located may, in their
discretion, verify that the owner or operator of the multiple dwelling has
posted the notification in compliance with this subsection.
����
(7)� Notwithstanding any
provision of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76
(C.55:13A-1 et seq.) to the contrary, if a multiple dwelling is held under a
condominium or cooperative form of ownership, then the commissioner shall
refrain from imposing a penalty on an individual unit owner for a failure to
pass an initial inspection.� The commissioner shall establish a procedure to
permit a condominium or cooperative unit owner to submit proof of a correction
to the violation as an alternative to a re-inspection by the commissioner.�
This paragraph shall not apply to a potentially hazardous violation.�
���� (e)�� The commissioner shall
annually review the cost of implementing and enforcing P.L.1967, c.76
(C.55:13A-1 et seq.), including the cost to municipalities of carrying out
inspections pursuant to section 21 of P.L.1967, c.76 (C.55:13A-21), and shall
establish by rule, not more frequently than once every three years, such fees
as may be necessary to cover the costs of such implementation and enforcement;
provided, however, that any increase or decrease shall be applied as a uniform
percentage to each category of fee established herein, and provided, further,
that the percentage amount of any increase shall not exceed the percentage
increase in salaries paid to State employees since the then current fee
schedule was established.� The commissioner shall provide by rule to owners the
option of paying inspection fees in installments in the form of an annual fee.�
The commissioner shall annually prepare and file with the presiding officers of
the Senate and General Assembly and the legislative committees having jurisdiction
in housing matters a report setting forth the amounts of fees and penalties
received by the Bureau of Housing Inspection, the cost to the bureau of
enforcing P.L.1967, c.76 (C.55:13A-1 et seq.), and information concerning the
productivity of the bureau.� Copies of the report shall also be submitted to
the Office of Administrative Law for publication in the New Jersey Register.�
If in any State fiscal year the fee revenue received by the bureau exceeds the
cost of enforcement of P.L.1967, c.76 (C.55:13A-1 et seq.), the excess revenue
shall be distributed pro rata to persons who paid inspection fees during that
fiscal year.� Such distribution shall be made within three months after the end
of the fiscal year.
���� (f)�� Except as otherwise
provided in section 2 of P.L.1991, c.179 (C.55:13A-26.1), the fees established
by or pursuant to the provisions of this section are dedicated to meeting the
costs of implementing and enforcing P.L.1967, c.76 (C.55:13A-1 et seq.) and shall
not be used for any other purpose.� All receipts in excess of $2,200,000 are
hereby appropriated for the purposes of P.L.1967, c.76 (C.55:13A-1 et seq.).
(cf: P.L.2023, c.338 s.2)
���� 2.� (New section)� The
commissioner shall produce, and publish on the Internet website of the
department, a standardized list of the elements of a property that are to be
evaluated during an inspection of a hotel or multiple dwelling.� The list
produced pursuant to this section shall not restrict an inspector from
considering elements of a property not expressly addressed by the list that may
concern the health and safety of the occupants.�
���� 3.� (New section)� If an
inspection date for a multiple dwelling is scheduled, pursuant to paragraph (4)
of subsection (a) of section 13 of P.L.1967, c.76 (C.55:13A-13), for a weekday,
and the multiple dwelling is held under a condominium or cooperative form of
ownership, then the commissioner shall permit the owner of a unit within the
multiple dwelling to request an alternate Saturday inspection.�
���� 4.� On or before the first day
of the seventh month next following enactment of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), the Commissioner of Community
Affairs shall, pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate
the provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature
as this bill).
���� 5. �This act shall take effect
on the first day of the seventh month next following enactment except that the commissioner
may take anticipatory action as necessary prior to this date.�
STATEMENT
���� This bill modifies inspection
processes required by the "Hotel and Multiple Dwelling Law," (HMDL)
P.L.1967, c.76 (C.55:13A-1 et seq.) that affect owners of condominium and
cooperative dwelling units.�
���� Current HMDL inspection
policies for condominiums and cooperatives frequently result in unreasonable
inconveniences to unit owners due to limited notice standards, a lack of
clarity regarding inspection criteria, inflexible scheduling during weekday
work hours, and immediate fines without a sufficiently reasonable opportunity
to cure.�
���� This bill requires that, prior
to the inspection of a condominium or cooperative, the Commissioner of
Community Affairs (commissioner) is to provide no less than 30 and no more than
180 days� written notice in advance of the inspection.� The bill requires this
notice to provide the date on which the inspection is to occur.� If the
inspection of a condominium or cooperative unit is initially scheduled for a
weekday, the bill requires the commissioner to provide information on how an
owner of a unit may request an alternate Saturday inspection date.�
���� The bill also requires the
notice provide information on the elements of the property that are to be
inspected.� In association with this information, the bill requires the
commissioner to produce, and publish on the website of the Department of
Community Affairs, a standardized list of the elements of a property that are
to be evaluated during an inspection of a hotel or multiple dwelling.� The bill
clarifies that this list would not restrict an inspector from considering
elements of a property not expressly addressed by the list that may concern the
health and safety of the occupants.�
���� The bill requires the
commissioner to refrain from imposing a penalty on an individual unit owner of
a condominium or cooperative for a failure to pass an initial inspection.� The bill
directs the commissioner to establish a procedure to permit a condominium or
cooperative unit owner to submit proof of a correction to the violation as an
alternative to a re-inspection by the commissioner.� However, these penalties
and re-inspection exemptions would not apply to a potentially hazardous
violation.�
���� The bill is to take effect on
the first day of the seventh month next following enactment, except that the
commissioner is permitted to take anticipatory action as necessary prior to
this date.� �